CHARTERS 


OF,  AND 


A  CJ  S 


STOf'McSgr 


KEL  AT 


39QKSTACKS  OfrICE 


JERSEY  CITY: 
NARINE  &  CO.,  PRINTERS. 


1853. 


I 

\ 

I 


JVSc 


J I 
Ul 

z 

AC 


Reference  to  Charter,  Sets,  &t. 


Charter  of  Jersey  City  as  passed  March  18,  1851,  and  Amended  March 

26,  1852 . 

Title  I. — Of  the  Boundaries  and  civil  divisions  of  the  city _ 

u  II. — Of  the  Officers  of  the  city — their  election,  duties,  and 

term  of  office _ ... . . . . . 

u  III, — Of  the  Constitution  and  duties  of  the  Common  Council, 
“  IV. — Of  the  powers  of  the  Common  Council....  ....... 

0  “  V. — OfTaxes,  and  their  collection....  ..........  .... 

^  “  VI. — Of  Improvements,  and  assessments  therefor......  . 

“  VII. — Of  the  Auditing  of  Claims  against  the  city....  .... 

“  VIII — Miscellaneous  provisions...... . . 

JAn  Act  for  the  appointment  of  Commissioners  in  relation  to  supplying  the 
townships  of  Hoboken,  Van  Vorst,  and  the  city  of  Jersey  City,  with 
pure  and  wholesome  water,  passed  March  18,  1851............. 

i-S  An  Act  to  authorize  the  construction  of  works  for  supplying  Jersey  City 
^  and  places  adjacent,  with  pure  and  wholesome  water...... ...... 

*  Names  of  the  Presidents  and  Clerks  of  the  Boards  of  Selectmen  of  Jersey 

oC  City,  from  1820  to  1837.. . . . . . 

Names  of  the  Mayors  and  Clerks  of  Jersey  City,  to  the  year  1850. _ _ 

Names  of  the  Chairmen  and  Clerks  of  the  Township  Committees  of  Van 

Vorst  township,  from  1841 . . . . . . —  _ _ 

•Names  of  the  Mayors,  Clerks,  and  Aldermen  of  Jersey  City,  for  1851  and 


o 


n 


1852 


vCharter  to  Town  and  Freeholders  of  Bergen,  1668 . . . . . 

^.An  Act  to  Incorporate  “The  Associates  of  the  Jersey  Company” _ _ 

An  Act  to  Incorporate  the  city  of  Jersey,  in  the  county  of  Bergen,  passed 

January  28,  1820  -  - . . . . 

An  Act  to  Incorporate  the  city  of  Jersey,  in  the  county  of  Bergen,  and 

Repeal  the  former  Act,  passed  January  23,  1829 . 

A  Supplement  to  the  Act,  entitled  An  Act  to  Incorporate  the  city  of  Jer¬ 
sey,  in  the  county  of  Bergen,  passed  March  8,  1836. . 

An  Act  to  Incorporate  Jersey  City,  passed  Feb.  22,  1838 . . 

?  A  Supplement  to  the  Act,  entitled  An  Act  Incorporating  Jersey  City,  pass- 
§  ed  March  8,  1839 . 

r  Supplement  to  an  Act,  entitled  An  Act  to  Incorporate  Jersey  City,  pass¬ 
ed  March  11,  1841 . 

✓  1 

I  L  A  -V 


PAGE. 

5—44 

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7 

17 

20 

25 

31 

3S 

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45 

47 

58 

59 

59 

60 
61 
67 

75 

78 

85 

87 

104 

! 

108 


ix  rv 


4 


A  Supplement  to  the  Act,  entitled  An  Act  Incorporating  Jersey  City,  pass¬ 
ed  March  1,  1844 . . . . .  109 

A  further  Supplement  to  the  Act,  entitled  An  Act  Incorporating  Jersey 

City,  passed  February  27,  1847 . . ...............  109 

A  further  Supplement  to  the  Act,  entitled  An  Act  Incorporating  Jersey 

City,  passed  February  25,  1848 . .  — .  . — _ _  110 

An  Act  to  authorize  the  Mayor  and  Common  Council  of  Jersey  City  to 

raise  by  loan  for  a  term  of  years,  $15,000,  passed  February  24,  1849,  112 

An  Act  to  set  off  the  township  of  Van  Vorst,  in  the  county  of  Hudson, 

passed  March  11,  1841 . . . . . .  113 

A  Supplement  to  the  Act,  entitled  An  Act  to  set  off  the  township  of  Van 

Vorst,  passed  Fob.  29,  1844 . . . .  117 

A  further  Supplement  to  an  Act  to  set  off  the  towmship  of  Van  Vorst,  pass¬ 
ed  Feb.  12,  1845 .  123 

A  further  Supplement  to  an  Act  to  set  off  the  township  of  Van  Vorst,  pass¬ 
ed  March  26,  1846 . . . . .  124 

An  Act  to  amend  the  several  Acts  relating  to  the  township  of  Van  Vorst, 

passed  Feb.  25,  1848.. . 125 

An  Act  to  enable  the  township  of  Van  Vorst  to  grade,  pave,  curb,  and 
drain  the  Newark  turnpike  road  within  its  limits,  passed  February 

28,  1849 .  133 

A  Supplement  to  the  Act,  entitled  An  Act  to  amend  the  several  Acts  relat¬ 
ing  to  the  township  of  Van  Vorst.  passed  March  6,  1850 . .  134 

An  Act  to  Incorporate  the  Jersey  City  Gas  Light  Company,  passed  March 

1,  1849 .  137 

A  Supplement  to  the  Act,  entitled  An  Act  to  Incorporate  the  Jersey  City 

Gas  Light  Company,  passed  March  24,  1852 . - . .  140 

A  further  Supplement  to  the  Act,  entitled  An  Act  to  Incorporate  Jersey 

City,  Feb.  22,  1838,  passed  March  5,  1850 _ _ _ .........  141 

A  Supplement  to  an  Act,  entitled  An  Act  to  Incorporate  Jersey  City,  Mar. 

18,  1851,  passed  Feb.  25,  1853.. _ _  .... _ _ _ _ ......  141 

An  Act  to  amend  an  Act,  entitled  An  Act  to  authorize  the  construction  of 
works  for  supplying  Jersey  City  and  places  adjacent,  with  pure  and 

wholesome  water,  March  25,  1852,  passed  Jan.  18,  1853.. _ _  142 

A  further  Supplement  to  the  Act,  entitled  An  Act  to  authorize  the  busi¬ 
ness  of  Banking,  Feb.  27,  1850,  passed  Feb.  25,  1853.... .  143 

An  Act  to  authorize  so  much  of  the  Records  in  the  office  of  the  Clerk  of 
the  county  of  Bergen,  as  relates  to  the  county  of  Hudson,  to  be  trans¬ 
cribed  and  certified,  passed  March  9,  1853... . . .  144 

An  act  to  regulate  the  Rates  of  Ferriage  at  the  Hoboken  and  Jersey  City 

Femes,  passed  March  10,  1853 . - . . .  146 

An  Act  to  ratify  and  confirm  an  agreement  respecting  the  territorial  limits 
and  jurisdiction  between  New  York  and  New  Jersey,  passed  Febru¬ 
ary  26,  1834 .  149 

An  Act  to  regulate  the  selling  of  grain,  passed  Feb.  16,  1838..... .  155 

An  Act  to  regulate  the  standard  of  weights,  passed  Feb.  19,  1835 . -  155 


t' 


s 


AS  PASSED  BY  THE 

legislature  of  tjju  Itate  nf  Mm 

march  IStBa,  1S51, 


AND  AMENDED  BY  AN  ACT  OF  THE  SAID  LEGISLATURE, 


Passed  March  £6th,  1S555. 


Hit  Set  ta  litearpmate  %txm)  City 

TITLE  I. 


Of  the  boundaries  and  civil  divisions  of  the  city. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  Boundaries  of 
State  of  New  Jersey,  That  the  city  of  Jersey  City  shall  here¬ 
after  consist  of  all  the  territory  included  within  the  following 
boundaries,  that  is  to  say  :  commencing  at  the  southwest  cor¬ 
ner  of  block  number  seventy-six,  as  shown  on  the  map  of 
property  of  Cornelius  Van  Vorst,  being  the  intersection  of 
South  and  Dutch  streets ;  and  from  thence  south,  sixty  degrees 
east,  to  the  middle  of  the  Hudson  river  ;  thence  up  the  middle 
of  said  river,  and  parallel  with  Hudson  street,  to  a  point  in 
said  river,  bearing  south,  sixty  degrees  east,  from  the  mouth 
of  Harsimus,  or  Mill  creek ;  thence  north,  sixty  degrees  west, 
to  the  mouth  of  said  Mill  creek  ;  thence  up  the  middle  of  said 
creek,  to  the  first  branch  or  sprout  thereof ;  thence,  in  a  north¬ 
westerly  direction,  till  it  meets  the  Hoboken  embankment ; 
thence,  along  the  southerly  side  of  said  embankment  south- 


6 


t'onstiluled  a 
body  politic. 


Boundaries  ot 
first  ward. 


Boundaries  of 
second  ward. 


westerly,  to  the  bridge  on  the  Hoboken  turnpike  road,  near 
the  foot  of  the  hill ;  thence,  along  the  easterly  line  of  said 
Hoboken  turnpike,  to  a  point  on  the  same,  near  the  first  bend 
or  curve  of  the  road,  and  from  which  point  the  spire  of  Trinity 
church,  New  York,  bears  south,  forty-three  degrees  forty-five 
minutes  east,  and  the  spire  of  the  Presbyterian  church,  Jersey 
City,  bears  south,  twenty-three  degrees  east ;  thence  south, 
thirty-three  degrees  west,  to  the  centre  of  the  bridge  on  the 
turnpike  leading  from  Jersey  City  to  North  Bergen;  thence 
south,  thirty-one  degrees  west,  to  the  Mill  creek,  or  Creek  of 
the  woods,  on  the  south  side  of  the  New  Jersey  railroad . 
thence,  down  the  middle  of  said  creek,  to  the  mouth  thereof, 
where  the  same  empties  into  Communipaw  cove  or  bay; 
thence  to  the  corner  of  said  block  number  seventy-six,  the 
place  of  beginning. 

And  all  citizens  of  this  state,  who  now  are  or  hereafter  may 
be  inhabitants  within  said  limits,  shall  be,  and  are  hereby  con¬ 
stituted  a  body  politic  and  corporate,  by  the  name  of  “  the 
Mayor  and  Common  Council  of  Jersey  City,”  with  all  the 
powers  incident  to  a  municipal  corporation,  and  necessary  for 
the  purpose  of  carrying  out  the  objects  of  this  act. 

2.  And  be  it  enacted ,  That  the  said  city  shall  be  divided  into 
four  wards,  in  the  manner  following,  to  wit : 

All  that  part  of  the  said  city  lying  south  of  a  line  beginning 
in  the  middle  of  the  Hudson  river,  at  a  point  opposite  the 
middle  of  the  street  now  called  York  street,  and  from  said 
point  or  place  of  beginning  to  run  westerly  up  to  and  along 
the  middle  of  said  York  street  to  the  middle  of  Henderson 
street,  and  east  of  a  line  drawn  thence  southerly  along  the 
middle  of  Henderson  street,  as  far  as  the  same  extends,  and 
thence  in  the  direction  of  said  line  south  to  the  southerly 
boundary  line  of  the  said  Jersey  City,  shall  constitute  the  first 
ward  of  said  city. 

And  all  that  part  of  the  said  city  lying  north  of  the  aforesaid 
line,  extending  from  the  middle  of  the  Hudson  river  up  to  and 
along  the  middle  of  York  street  to  the  middle  of  Henderson 
street,  and  east  of  a  line  running  from  thence,  northerly,  along 
the  middle  of  Henderson  street,  to  and  across  Newark  avenue, 
to  the  middle  of  Prospect  street,  thence  continuing  along  the 


middle  of  Prospect  street,  northerly,  to  the  middle  of  Harsi- 
mus  street,  and  south  of  a  line  running  thence  eastwardly 
along  the  middle  of  said  Harsimus  street,  as  far  as  the  same 
runs,  and  thence  in  the  direction  of  that  line,  easterly,  to  the 
middle  of  the  Hudson  river,  shall  constitute  the  second  ward 
of  said  city. 

And  all  that  part  of  the  said  city  lying  west  of  the  middle  of  Boundaries  of 
r  J  J  °  t  third  ward. 

Henderson  street  aforesaid,  and  south  of  the  middle  of  Newark 
avenue,  and  southwesterly  of  the  Newark  turnpike,  or  avenue, 
to  the  westerly  and  southerly  boundary  lines  of  said  city,  shall 
constitute  the  third  ward  of  the  said  city. 

And  all  the  residue  of  the  said  city  shall  constitute  the  fourth  Fourth  ward, 
ward  thereof. 

TITLE  II. 

Of  the  officers  of  the  city ,  their  election ,  duties,  and  term  of  office. 

3.  And  he  it  enacted,  That  the  city  officers  shall  consist  of  a  City  officers, 
mayor,  a  treasurer,  a  clerk  of  the  city,  an  overseer  of  the  poor, 

a  chief  engineer  of  the  fire  department,  a  school  superintend¬ 
ent,  a  street  commissioner,  two  or  more  city  surveyors,  two 
assessors,  one  to  be  a  resident  of  the  first  or  second  ward,  and 
the  other  a  resident  of  the  third  or  fourth  ward,  and  one  col¬ 
lector  of  taxes,  and  one  collector  of  arrears  of  taxes,  who  shall 
hold  their  offices  for  one  year,  and  a  recorder,  who  shall  hold 
his  office  for  five  years. 

The  mayor,  recorder,  school  superintendent,  assessors  and  Election  and  ap- 
J  ’  1  \  pomtrnent  ofoffi 

collector,  shall  be  elected  at  the  charter  elections ;  and  the  cer3- 
city  clerk,  treasurer,  overseer  of  the  poor,  street  commis¬ 
sioner,  collector  of  arrears  of  taxes,  and  city  surveyors,  shall 
be  appointed  by  the  Common  Council,  a  majority  of  whom  shall 
be  necessary  to  a  choice ;  and  the  chief  engineer  of  the  fire 
department  shall  be  elected  by  the  members  of  said  depart¬ 
ment,  subject  to  the  approval  of  the  Common  Council. 

4.  And  he  it  enacted ,  That  the  ward  officers  shall  be  for  Ward  officorg 
each  ward,  three  judges  of  election  and  four  aldermen  ;  as 

many  constables  in  each  ward  as  the  Common  Council  shall 
determine  by  resolution,  passed  two  months  before  the  elec¬ 
tion  ;  two  chosen  freeholders ;  a  clerk,  who  shall  be  clerk  of 


8 


election,  and  shall  perform  all  other  duties  required  by  law  of 
the  clerks  of  the  townships  in  this  state,  as  far  as  the  same  are 
not  otherwise  provided  for  by  this  charter ;  two  surveyors  of 
the  highways,  one  poundkeeper,  and  one  commissioner  of  ap¬ 
peals  ;  and  the  aldermen  of  each  ward  shall  perform  such  du¬ 
ties  as,  by  the  laws  of  the  state,  devolve  ex  officio  on  the  town 
committeemen  in  the  other  townships  of  this  state. 

Each  ward  con-  And  each  ward,  for  general  purposes  not  provided  for  by 
ship.  this  act,  shall  be  considered  a  township  ;  and  each  of  the  two 

city  assessors  shall,  in  the  meeting  of  county  assessors,  have 
the  same  voice  as  the  assessors  of  any  two  townships  in  the 
county. 

Time  and  mode  5.  And  be  it  enacted ,  That  the  city  election  shall  be  held  on 
the  second  Tuesday  in  April,  in  each  year,  at  such  place  in 
each  ward  as  the  Common  Council  shall  designate;  the  election 
shall  be  held  and  conducted  by  the  judges  of  election  and  the 
clerk  of  election,  at  the  same  hours,  in  the  same  manner,  and 
under  the  same  regulations,  in  all  things,  as  prescribed  by  law 
for  the  state  elections  for  members  of  the  Legislature,  except 
that  the  return  of  the  election  shall  be  made  to  the  city  clerk 
within  forty-eight  hours  after  the  closing  of  the  polls,  which 
return  shall  be  a  full,  true,  and  correct  copy  of  the  original 
statement  of  the  result  of  such  election  made  by  said  judges, 
and  shall  be  signed  by  them  with  their  own  hands,  and  attested 
by  the  clerk;  and  the  city  clerk  shall,  when  he  receives 
said  return,  immediately  file  the  same  in  his  office,  as  an  offi¬ 
cial  paper. 

6.  And  be  it  enacted ,  That  every  person  who  would,  by  the 
existing  laws  of  the  state,  be  entitled  to  vote  at  an  election  for 
members  of  the  Legislature,  if  held  on  that  day,  shall  be  enti¬ 
tled  to  vote  at  the  charter  election ;  and  every  person  voting 
shall  vote  in  the  ward  where  he  shall  actually  reside  at  the  day 
of  the  election,  and  in  no  other. 

7.  And  be  it  enacted ,  That  the  person  or  persons  receiving 
the  greatest  number  of  votes,  of  those  given  in  the  city,  for  any 
city  office,  and  of  the  votes  given  in  each  ward,  respectively, 
for  an  office  in  that  ward,  shall  be  elected  to  that  office. 

8.  And  be  it  enacted ,  That  the  judges  of  election  in  each 
ward,  in  every  such  election,  shall  appoint  one  of  their  num- 


Who  entitled  to 
vote. 


Election  de¬ 
clared. 


Statement  of  re¬ 
sult  to  he  deliver¬ 
ed  to  city  can¬ 
vassers. 


9 


■A 


r> 


ber  to  attend  the  meeting  of  the  board  of  city  canvassers, 
hereinafter  provided  for,  as  a  member  thereof,  and  shall  de¬ 
liver  to  the  judge,  who  shall  be  so  appointed,  the  original 
statement  of  the  result  of  such  election  in  such  ward,  which 
shall  have  been  made,  signed,  and  certified,  as  hereinbefore 
directed;  and  it  shall  be  the  duty  of  the  judges  of  election, 
who  shall  have  been  so  appointed,  to  attend  the  meeting  of 
the  board  of  city  canvassers  for  such  election,  as  members 
thereof. 

That  the  judges  of  election,  to  whom  the  original  state- Board,  how  con 
ments  of  the  result  of  such  election  in  the  wards  to  which  they 
respectively  belong  shall  have  been  delivered,  as  directed  in 
the  preceding  section  of  this  act,  together  with  the  members 
of  the  board  of  aldermen  whose  term  of  office  will  not  expire 
till  after  the  next  succeeding  charter  election,  shall  constitute 
the  board  of  city  canvassers;  a  majority  of  said  board  shall  be 
a  quorum,  and  the  city  clerk  shall  be  clerk  of  said  board. 

That  such  board  shall  meet  on  the  Friday  next  after  such  Meeting  ofboard 
election,  at  five  o’clock  in  the  afternoon  of  that  day,  at  the 
Common  Council  Chamber  in  said  city,  and  at  that  hour,  with¬ 
out  delay,  the  members  of  said  board  who  shall  be  then  pre¬ 
sent,  if  more  than  six  in  number,  shall  proceed  to  choose  one 
of  their  number,  who  shall  be  chairman  thereof ;  and  as  soon 
as  such  chairman  shall  be  appointed,  it  shall  be  his  duty  to  ad¬ 
minister  to  each  of  the  other  members,  and  of  each  of  the 
other  members  to  take  an  oath  or  affirmation,  in  the  following 
form :  “Ido  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will  _  , 

faithfully  and  impartially  execute  the  duties  of  a  member  of bers- 
this  board  of  city  canvassers,  according  to  law;”  and  there¬ 
upon  one  of  the  members  of  said  board  shall  administer  to 
said  chairman,  and  said  chairman  shall  take  an  oath  or  affirma¬ 
tion  in  the  same  form  as  that  taken  by  the  other  members  of 
such  board ;  and  if  the  city  clerk  shall  be  absent  at  such  meet¬ 
ing,  at  the  time  appointed  therefor,  the  board  shall  forthwith, 
after  the  oaths  or  affirmations  shall  have  been  administered, 
as  hereinbefore  directed,  proceed  to  appoint  a  fit  person  to  be 
clerk  of  such  board  ;  and  before  proceeding  to  canvass  and 
estimate  the  votes,  the  chairman  of  the  said  board  shall  ad¬ 
minister  to  the  clerk  thereof,  and  the  said  clerk  shall  take  an 


Oath  of  clerk. 


oath  or  affirmation  in  the  following  form  :  “  1  do  swear,  (or 
affirm,  as  the  case  may  be,)  that  I  will  faithfully  execute  the 
duties  of  clerk  of  this  board,  according  to  law;”  thereupon  the 
judges  of  election,  who  shall  be  present  as  members  of  said 
board,  shall  produce  the  original  statements  which  shall  have 
been  delivered  to  them,  respectively,  as  hereinbefore  directed, 
and  lay  the  same  before  such  board ;  and  from  them  the  said 
board  shall  proceed  to  ascertain  the  votes  given  at  such  elec¬ 
tion,  for  the  several  persons  voted  for  thereat,  for  the  several 
offices  mentioned  in  such  statements. 

Certified  copy  of  9.  And  be  it  enacted ,  That  if  any  of  the  judges,  who  shall 
be  used?ifnor!gi-  have  been  appointed  to  attend  the  meeting  of  the  board  of  city 
duced?°  1  r°  canvassers,  as  a  member  thereof,  shall  be  unable  to  attend 
such  meeting,  on  the  day  appointed  therefor,  he  shall,  at  or 
before  the  hour  of  five  o’clock  in  the  afternoon  of  that  day, 
deliver  or  safely  transmit  to  the  city  clerk  the  original  state¬ 
ment  of  the  result  of  the  election,  which  shall  have  been  de¬ 
livered  to  him,  as  herein  before  directed ;  and  if,  from  any 
cause,  such  original  statement  shall  not  be  produced  to  said 
board  of  city  canvassers  at  the  time  appointed  for  the  meeting 
of  said  board,  the  city  clerk  shall  produce  and  lay  before  the 
said  board  the  certified  copy  thereof,  filed  in  his  office;  and 
thereupon  the  said  board  shall  proceed  to  make  their  state¬ 
ment  and  declaration  from  such  certified  copy,  in  the  same 
manner  and  with  the  same  effect,  as  if  the  original  statement 
had  been  produced  by  the  judge  of  election,  to  whom  the  same 
was  delivered. 

Written  state-  10.  And  be  it  enacted ,  That  the  said  board  of  canvassers 
made,  make  a  written  statement  of  the  whole  number  of  votes 
given  for  Mayor  of  said  city,  as  well  as  for  the  several  other  offi¬ 
cers  to  be  elected  for  said  city,  and  the  several  wards  thereof,  the 
names  of  the  persons  for  whom  such  votes  were  given,  and  the 
number  of  votes  given  for  each. 

statement  of  11.  And  be  it  enacted ,  That  upon  such  statement,  the  board 

board  to  be  filed.  -  ..  .  '  _  ,  .  , 

shall  proceed  to  determine  and  declare  what  person  or  per¬ 
sons  have  received  the  highest  number  of  votes  for  each  of  the 
offices  mentioned  in  such  statement ;  in  case  any  two  or  more 
persons  shall  have  received  an  equal  number  of  votes  for  the 
same  office,  the  Common  Council  shall  determine  between 


1 1 


them ;  the  statement  and  final  declaration  of  the  board  shall 
be  certified  by  the  presiding  officer  and  clerk,  and  filed  in  the 
office  of  the  city  clerk. 

1 2.  And  be  it  enacted ,  That  the  clerk  shall  keep  proper  statement  and 

-1  declaration  to  be 

minutes  of  the  proceedings  of  the  board,  and  enter  the  same,  published, 
with  the  statement  and  declaration  of  the  board,  in  the  book 
of  minutes  of  the  Common  Council;  said  statement  and  decla¬ 
ration  shall,  within  one  week  thereafter,  be  published  in  one 
or  more  of  the  newspapers  printed  in  said  city ;  and  within 
ten  days  after  the  board  shall  have  determined  what  persons 
have  been  elected  to  the  several  offices  in  said  city,  the  said 
clerk  shall  cause  written  notices  of  his  election  to  be  given  to 
each  of  the  persons  so  elected. 

13.  And  be  it  enacted,  That  all  elections,  hereafter  to  be  state  and  county 

elections. 

held  within  the  said  city,  for  members  of  the  Senate  and  Gene¬ 
ral  Assembly  of  this  State,  for  sheriff,  clerk,  surrogate,  and  coro¬ 
ners  of  the  county  of  Hudson,  and  for  members  of  Congress, 
and  electors  of  President  and  Vice  President  of  the  United 
States,  or  for  any  other  officers  of  the  general  or  state  govern¬ 
ments,  or  officers  of  said  county  of  Hudson,  to  be  elected  by 
the  people,  shall  be  held  in  the  several  wards  of  the  said  city, 
at  the  places  therein  appointed  by  the  Common  Council  for 
holding  the  city  elections,  on  the  day  or  days  which  now  are, 
or  hereafter  may  be  designated  for  holding  such  elections;  the 
polls  shall  be  opened  at  seven  o’clock  in  the  forenoon,  and 
closed  at  seven  o’clock  in  the  afternoon;  and  the  judges  of 
election,  before  mentioned,  shall  preside  at  and  conduct  all 
such  elections ;  and  the  clerks  of  the  said  wards  shall  be  the 
clerks  of  such  elections  in  their  respective  wards ;  every  per¬ 
son  in  said  city,  entitled  to  vote  at  such  elections,  shall  give 
his  vote  in  the  ward  wherein  he  actually  resides  at  the  time  of 
such  election,  and  not  elsewhere ;  and  in  case  any  person,  at 
any  election  whatever  held  in  said  city,  shall  vote,  or  offer  his 
vote,  in  a  ward  in  which  he  is  not  entitled  to  vote,  he  shall  be 
liable  to  the  penalty  prescribed  in  the  fiftieth  section,  chapter 
first,  of  the  act  entitled,  “  An  act  to  regulate  elections,”  ap¬ 
proved  April  sixteenth,  eighteen  hundred  and  forty-six,  to  be 
sued  for  and  recovered,  in  the  name  of  the  clerk  of  the  ward 


12 


Mode  of  conduct¬ 
ing  elections. 


Powers  and  du¬ 
ties  ofthe  mayor. 


where  the  offence  shall  be  committed,  in  an  action  of  debt,  with 
costs,  and  applied  to  the  use  of  the  poor  of  said  city. 

14.  And  be  it  enacted ,  That  the  said  judges  of  elections  shall 
take  the  same  oaths,  and  conduct  such  elections,  and  make  re¬ 
turns  thereof,  in  the  same  manner  as  township  officers  of  elec¬ 
tions  are  or  may  be  by  law  required  to  do,  and  shall  be  vested 
with  the  same  powers  and  authority,  entitled  to  the  same  com¬ 
pensation,  and  perform  the  same  duties,  and  be  subject  to  the 
same  penalties,  as  the  like  officers  of  the  townships  of  this 
state  are  or  may  be  by  law  vested  with,  allowed,  or  subject  to; 
and  in  case  of  the  absence,  death,  incompetency,  or  refusal  to 
serve,  of  any  of  the  said  officers  of  elections,  at  any  election 
provided  for  by  this  act,  such  vacancy  or  vacancies  shall  be 
supplied  in  the  manner  prescribed  by  law  for  supplying  such 
vacancies  in  the  townships  of  this  state ;  and  the  clerks  of  the 
said  wards,  respectively,  shall  procure  election  boxes  for  the 
use  of  their  wards,  in  such  manner  and  of  such  descriptions  as 
are  required  to  be  procured  by  the  township  clerks  of  this 
state,  and  be  subject  to  the  same  penalties  as  township  clerks 
are  subject  to  for  neglecting  to  procure  such  boxes,  and  keep¬ 
ing  the  same  in  repair. 

15.  And  be  it  enacted ,  That  the  Mayor  shall  be  elected  an¬ 
nually,  and  no  person  shall  be  eligible  to  that  office  unless  he 
shall  have  resided  in  the  city  at  least  two  years,  and  attained 
the  age  of  thirty  years  ;  it  shall  be  his  duty  to  see  that  the  laws 
of  the  state  and  the  ordinances  of  the  city  are  faithfully  exe¬ 
cuted  therein,  and  to  recommend  to  the  Common  Council  such 
measures  as  he  may  deem'  necessary  or  expedient  for  the  wel¬ 
fare  of  the  city ;  as  the  head  of  the  police  of  the  city,  he  shall 
maintain  peace  and  good  order  therein,  and  shall  have  power 
to  suppress  all  riots  and  tumultuous  assemblies,  and  to  cause 
to  be  arrested,  without  process  or  warrant,  and  to  commit  for 
trial,  all  persons  violating,  or  whom  he  has  reason  to  believe 
have  violated,  the  laws  of  the  state,  or  ordinances  of  the  city; 
he  shall  possess  the  same  powers  and  authority  in  criminal 
cases  with  which  justices  of  the  peace  are  invested;  he  shall 
have  power  to  suspend  any  watchman  for  cause,  to  be  by  him 
assigned  to  the  Common  Council  in  writing;  in  case  of  his  ab¬ 
sence  from  the  city,  or  his  inability  to  perform  the  duties  of  his 


« 


13 


office,  the  President  of  the  Common  Council  shall,  during  the 


continuance  of  such  absence  or  inability,  be  vested  with  the 


powers,  and  execute  the  duties  of  the  Mayor. 

16.  And  be  it  enacted,  That  the  Recorder  shall  have  all  pow-  Recorder. 


ers  in  criminal  matters,  that  justices  of  the  peace  in  and  for 


the  several  counties  of  the  State  now  have,  and  shall  have  like 
powers  as  are  given  to  the  Mayor,  to  cause  to  be  arrested  and 


committed  without  process  any  person 


have  reason  to  believe  guilty  of  any  crime  or  misdemeanor,  or 
breach  of  the  peace,  and  to  try  all  causes  and  complaints  aris¬ 
ing  from  the  violation  of  any  city  ordinance. 

17.  And  be  it  enacted,  That  the  Recorder  of  said  city  be,  and  Recorder  au- 


been  guilty  of  a  violation  of  any  of  the  ordinances  of  the  said 


city,  to  issue  a  process,  either  in  the  nature  of  a  summons  or 
of  a  warrant,  as  to  him  may  seem  most  advisable,  against  the 
person  or  persons  so  violating  such  ordinance,  which  process 
shall,  when  in  the  nature  of  a  warrant,  be  returnable  forthwith, 
and  when  in  the  nature  of  a  summons,  be  returnable  in  five 
entire  days ;  that  such  process  shall  state  what  ordinance  the 
defendant  or  defendants,  named  therein,  has  or  have  violated, 
and  in  what  manner  the  same  has  been  violated ;  and  that  on 
the  return  of  such  process,  or  at  the  time  to  which  the  Recor¬ 
der  shall  have  adjourned  the  same,  the  said  Recorder  shall  pro¬ 
ceed  to  hear  testimony,  and  to  determine  and  give  judgment 
in  the  matter,  without  the  filing  of  any  pleadings  ;  and  that  the 
Recorder  shall,  if  judgment  be  rendered  for  the  plaintiff,  forth¬ 
with  issue  execution  against  the  goods  and  chattels,  and  per¬ 
son,  of  the  defendant  or  defendants;  provided,  that  in  all  cases  Proviso, 
where  the  fine  or  penalty  shall  exceed  twenty  dollars,  or 
where  the  punishment  may  be  imprisonment,  there  may  be  a 
trial  by  jury,  to  be  conducted  as  in  cases  now  triable  by  jury 
in  the  courts  for  trials  of  small  causes,  and  also  an  appeal,  as 
in  cases  where  appeal  may  now  be  had  from  judgments  in 
courts  for  the  trial  of  small  causes ;  and  provided  also,  that  in  Proviso, 
all  cases  an  appeal  may  be  made  to  the  Common  Council  for  a 
remission  of  any  penalty  that  may  be  inflicted  or  adjudged. 


2 


14 


Penalty  for  not. 
deliveringover 
books,  &.c. ,  to 
successor  in 
office. 


Officers  to  take 
oath  or  affirma¬ 
tion. 


Duties  of  Treasu¬ 
rer. 


Money  not  to  be 
paid  except  on 
warrant. 


18.  And  be  it  enacted,  That  if  any  person  having  been  an 
officer  of  the  said  city,  shall  not,  within  ten  days  after  he  shall 
have  vacated  or  been  removed  from  the  office,  and  upon  noti¬ 
fication  and  request  by  the  city  clerk,  or  within  such  reasonable 
time  thereafter  as  the  Common  Council  shall  allow,  deliver 
over  to  his  successor  in  office  all  the  property,  books,  and  pa¬ 
pers  belonging  to  the  city,  or  appertaining  to  sucli  office,  in  his 
possessic^i  or  under  his  control,  he  shall  forfeit  and  pay  to  the 
city  the  sum  of  five  hundred  dollars,  to  be  sued  for  and  recov¬ 
ered  with  costs. 

19.  And  be  it  enacted,  That  every  person  elected  or  appoint¬ 
ed  to  any  office  in  pursuance  of  this  act,  or  of  any  law  or  ordi¬ 
nance  of  the  Common  Council,  shall,  before  he  enters  upon 
the  duties  of  such  office,  take  and  subscribe,  before  the  Mayor, 
City  Clerk,  or  some  person  authorized  to  administer  the  same, 
an  oath,  faithfully,  fairly,  and  impartially  to  execute  the  duties 
of  his  office,  according  to  the  best  of  his  knowledge,  skill,  and 
ability,  and  file  the  same  in  the  office  of  the  City  Clerk  ;  and  if 
any  such  person  shall  neglect  to  take  such  oath  for  twenty  days 
after  receiving  notice  of  his  election  or  appointment,  or  shall 
neglect,  within  the  said  twenty  days,  to  give  such  security  as 
may  be  required  of  him,  he  shall  be  considered  as  having  de¬ 
clined  such  office,  and  the  same  shall  be  deemed  vacant;  and 
whenever  any  vacancy  shall  occur  in  any  of  the  offices  in 
which,  by  this  acf  the  Common  Council  may  make  appoint¬ 
ments,  it  shall  proceed  to  appoint  suitable  persons  to  fill  such 
vacancies. 

20.  And  be  it  enacted,  That  the  Treasurer  shall  receive,  safely 
keep,  and  disburse,  under  the  direction  of  the  Common  Coun¬ 
cil,  all  moneys  belonging  to,  or  under  the  control  of  the  city; 
he  shall  also  keep  an  accurate  account  of  all  receipts  and  pay¬ 
ments,  and  make  returns  thereof  monthly,  or  oftener  if  requi¬ 
red,  in  such  manner  as  the  Common  Council  shall  direct. 

No  money  shall  be  paid  out  of  the  treasury,  except  on  war¬ 
rants  signed  by  the  Mayor  or  acting  Mayor,  and  countersigned 
by  the  City  Clerk — except  for  the  payment  of  bonds  of  the  city, 
and  certificates  of  indebtedness  for  improvements  given  by  the 
city,  and  interest  on  the  same,  and  moneys  paid  into  the  .city 
treasury  for  the  redemption  of  property  sold  for  taxes  and  as- 


15 


sessments ;  and  no  warrant  shall  be  drawn  on  the  Treasurer  by 
said  officers,  except  in  pursuance  of  an  order  of  the  Common 
Council,  passed  at  a  stated  meeting  of  the  Board,  and  entered 
in  their  minutes  ;  all  such  warrants  shall  be  numbered,  and 
made  payable  to  the  order  of  the  person  or  persons  entitled  to 
receive  the  same,  and  shall  specify  for  what  purpose  the 
amount  therein  mentioned  is  directed  to  be  paid. 

It  shall  be  the  duty  of  the  Clerk,  before  he  delivers  any  war-  Warrants  to  be 

•  recorded, 

rant  so  drawn,  to  enter  in  the  margin  of  a  book,  to  be  provided 
for  the  purpose,  to  be  called  “the  Warrant  Book,”  opposite 
to  said  warrant,  the  number,  date,  and  amount  of  the  same, 
the  date  of  the  order  or  resolution  authorizing  it  to  be  drawn, 
the  purpose  for  which  it  was  ordered,  and  the  name  of  the  per¬ 
son  or  persons  to  whose  order  the  same  is  made  payable,  and 
to  take  his  or  their  receipt  in  said  book,  at  the  end  of  said  mar¬ 
ginal  entry,  for  the  said  warrant. 

21.  And  be  it  enacted ,  That  the  City  Clerk  shall,  in  addition  Duties  of  Clerk, 
to  the  duties  in  this  act  required  of  him,  have  charge  of  all  the 
records,  books,  papers,  and  documents  of  the  city,  except  when 

the  Common  Council  shall  by  ordinance  otherwise  direct;  coun¬ 
tersign  all  licenses  signed  by  the  Mayor,  and  keep  the  record 
of  the  proceedings  of  the  Common  Council ;  he  shall  engross 
all  the  ordinances  of  the  Common  Council,  in  a  book  to  be 
provided  for  that  purpose,  with  proper  indexes,  which  book 
shall  be  deemed  a  public  record  of  such  ordinances,  and  each 
ordinance  shall  be  signed  in  said  book  by  the  Mayor  or  acting 
Mayor  and  said  Clerk;  copies  of  all  papers  duly  filed  in  his 
office,  and  transcripts  thereof,  and  of  the  records  and  proceed¬ 
ings  of  the  Common  Council,  and  copies  of  the  laws  or  ordi¬ 
nances  of  the  said  city,  certified  by  him  under  the  corporate 
seal,  shall  be  evidence  in  all  courts  and  places;  he  shall  also 
receive  and  pay  over  to  the  Treasurer  all  moneys  which  by  any 
law  or  usage  are  paid  to  the  Clerk  of  the  city. 

22.  And  be  it  enacted ,  That  the  Overseer  of  the  Poor  and  Su-  Overseers  of 
perintendent  of  Schools,  shall  respectively  perform  such  duties  intendent  ofPei 
as  by  the  laws  of  this  State  now  appertain  to  and  devolve  upon 

the  Overseers  of  the  Poor  and  Superintendents  of  Schools  in  the 
several  townships  of  this  State,  except  as  changed  by  this  act, 
or  any  ordinance  passed  by  virtue  thereof,  and  shall,  in  addition 


16 


Commissioners 
of  Appeal. 


City  Surveyors, 
Street  Commis¬ 
sioner,  &c. 


Members  of 
Council  may  ar¬ 
rest  offenders. 


Official  terms  of 
officers  elected. 


Official  terms  of 

appointed 

officers. 


Certain  officers 
to  give  bond. 


thereto,  perform  such  other  duties,  and  receive  such  compen¬ 
sation  as  the  Common  Council  shall  by  ordinance  direct  and 
award. 

23;  And  be  it  enacted ,  That  the  Commissioners  of  Appeal 
shall  have  the  same  powers,  and  perform  the  same  duties,  and 
be  entitled  to  like  compensation  that  Commissioners  of  Appeals 
in  the  several  townships  of  the  State  now  have,  or  hereafter 
may  have ;  and,  in  addition,  they  shall  have  the  power  to  ex¬ 
amine  the  person  or  persons  appealing  in  cases  of  taxation 
under  oath,  as  to  the  valuation  or  amount  of  the  chattels  assess¬ 
ed  against  them  respectively ;  and  it  shall  be  the  duty  of  the 
said  commissioners  to  receive  the  oath  of  any  person  appeal¬ 
ing,  when  offered  by  him,  relative  thereto. 

The  City  Surveyors,  Street  Commissioner,  Chief  Engineer  of 
the  fire  department,  and  Marshal  shall  respectively  perform 
such  duties,  and  receive  such  compensation  as  the  Common 
Council  shall  by  ordinance  direct  and  award. 

24.  And  be  it  enacted,  That  every  member  of  the  Common 
Council  shall  have  the  power,  and  it  shall  be  his  duty,  without 
warrant,  to  arrest,  or  cause  to  be  arrested,  any  person  engaged 
in  his  presence  in  disturbing  the  public  peace,  or  violating  any 
law  of  the  State  or  ordinance  of  the  city,  for  the  preservation 
thereof,  or  of  good  order  or  morality,  and  to  bring,  or  cause 
such  persons  to  be  brought,  before  the  Recorder,  or  some 
other  magistrate,  to  he  dwelt  with  according  to  law. 

25.  And  be  it  enacted ,  That  the  official  term  of  the  several 
persons  who  shall  be  elected  in  pursuance  of  this  act,  shall  com¬ 
mence  on  the  first  Monday  of  May  next  after  their  election,  and 
they  shall  continue  in  office  until  the  end  of  their  term. 

26.  And  be  it  enacted ,  That  the  official  term  of  the  city 
officers  who  shall  be  appointed  by  virtue  of  this  act  shall  com¬ 
mence  on  the  second  Monday  of  May  in  every  year,  arid  they 
shall  continue  in  office  until  the  end  of  their  term,  and  until 
others  are  appointed  and  qualified  in  their  place,  unless  remov¬ 
ed,  as  herein  provided  ;  and  no  apponitments  for  the  full  term 
shall  be  made  more  than  one  week  prior  to  the  commence¬ 
ment  of  the  said  term. 

27.  And  be  it  enacted ,  That  the  City  Treasurer,  City  Clerk, 
Collector  of  Taxes,  and  Collector  of  Arrears  of  Taxes,  and  such 


17 


other  officers  as  the  Common  Council  may  require,  shall,  be- 
fore  they  enter  on  the  duties  of  their  office,  give  bonds  to  the 
city,  in  its  corporate  name,  in  such  sums  and  with  such  secu¬ 
rities  as  the  Common  Council  may  approve,  for  the  faithful  per¬ 
formance  of  their  duties.  And  all  Constables  shall  give  bonds 
to  the  city,  in  the  manner  required  by  law,  with  sureties,  to  be 
approved  of  by  the  Common  Council. 

28.  And  be  it  enacted,  That  for  the  election  of  Justices  of  Justices  of  the 

PG3iC6 

the  Peace,  each  ward  shall  be  considered  as  a  township,  and 
until  the  next  census,  each  ward  shall  be  entitled  to  two  Justices 

only. 

29.  And  be  it  enacted,  That  all  fines  inflicted  by  ordinances,  Fines, 
shall,  when  received,  be  paid  into  the  city  treasury. 


TITLE  III. 

Of  the  Constitution  and  duties  of  the  Common  Council. 

30.  And  be  it  enacted ,  That  the  legislative  power  of  said  Common 
corporation  shall  be  vested  in  a  Mayor  and  a  Board  of  Aider- 

men  ;  the  Board  of  Aldermen  shall  constitute  and  be  called 
the  Common  Council. 

31.  And  be  it  enacted,  That  the  Board  of  Aldermen  shall  Board  of  Aider- 
consist  of  the  aldermen,  elected  from  each  ward ;  and  every 
alderman  shall,  at  the  time  of  his  election,  be  an  elector  of  the 

ward  in  which  he  shall  be  chosen,  and  shall  have  been  a  resi¬ 
dent  of  the  city  for  at  least  two  years  immediately  previous 
thereto,  and  shall  have  attained  the  age  of  twenty-five  years. 

32.  And  be  it  enacted,  That  the  Board  of  Aldermen,  first  Aldermen  to  be 

divided  into 

elected  under  and  by  virtue  of  this  act,  shall,  at  their  first  meet-  classes, 
ing  after  their  election,  divide  the  aldermen  of  each  ward  by 
lot  into  two  equal  classes,  one  of  which  shall  go  out  of  office 
at  the  expiration  of  the  first  year,  and  the  other  at  the  expira¬ 
tion  of  the  second  year;  and  that  on  the  second  Tuesday  in 
April,  of  the  year  one  thousand  eight  hundred  and  fifty-two, 
and  every  year  thereafter,  the  said  wards  shall  respectively, 
elect  two  persons  as  aldermen  of  said  ward,  who  shall  hold 
such  office  for  two  years ;  and  in  case  of  the  death  resignation, 
or  other  disability  of  any  alderman,  a  person  shall  be  duly  elect¬ 
ed  to  fill  the  unexpired  term. 


18 


Vacancies  how  33.  And  be  it  enacted.  That  in  case  any  alderman  shall,  after 
supplied.  ...  .  . 

his  election  or  during  his  term  of  office,  remove  out  of  the  ward 

in  which  he  shall  have  been  elected,  his  office  shall  be  deemed 
vacant,  and  he  shall  no  longer  act  as  an  alderman ;  any  aider- 
man  may  also  resign  his  office,  at  any  time,  by  filing  written 
notice  thereof  with  the  Clerk  of  the  Board  ;  and  the  Common 
Council  shall  have  power  to  direct  a  special  election  to  supply 
any  vacancy  that  may  occur,  but  the  person  so  elected  shall 
hold  his  office  only  for  the  residue  of  the  term  so  vacated. 
Quorum.  34.  And  be  it  enacted ,  That  a  majority  of  the  Common 

Council  shall  constitute  a  quorum  for  the  transaction  of  busi¬ 
ness,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members. 

President  of  35.  And  be  it  enacted ,  That  the  Common  Council  shall  annu- 
Council. 

ally  elect  a  President  from  its  own  body,  and  in  his  absence  a 
President  for  the  time  being,  choose  officers,  appoint  its  time 
and  places  of  meeting,  determine  the  rules  of  its  own  proceed¬ 
ings,  be  the  sole  judge  of  the  qualifications  of  its  members, 
keep  a  journal  of  its  proceedings,  and  may  expel  a  member 
for  disorderly  conduct,  or  a  violation  of  its  rules,  or  declare  hi§ 
seat  vacated  by  reason  of  absence,  provided  such  absence  be 
continued  for  the  space  of  two  months  ;  but  no  expulsion  shall 
take  place,  except  by  vote  of  two-thirds  of  all  members  elect¬ 
ed,  nor  until  the  delinquent  member  shall  have  had  an  oppor¬ 
tunity  to  be  heard  in  his  defence. 

Ordinance  to  be  36.  And  be  it  enacted ,  That  every  ordinance  of  the  Common 
signed  by  Mayor.  Qoun(qp  ancl  every  resolution  of  the  Common  Council  affecting 

the  interests  of  the  city,  shall,  before  it.  takes  effect,  be  pre¬ 
sented,  duly  certified,  to  the  Mayor,  and  the  report  of  the  Clerk 
shall  be  conclusive  evidence  that  the  said  ordinance  has  been 
so  presented  to  the  Mayor;  if  he  approve  it,  he  shall  sign  it,  if 
not,  he  shall  return  it  with  his  objections,  and  file  the  same 
with  the  Clerk  within  ten  days  after  he  received  it;  and  the 
said  Board  shall,  at  its  first  regular  meeting  thereafter,  order 
the  objections  to  be  entered  at  large  on  its  journal,  after  which 
it  shall  proceed  to  reconsider  the  same ;  and  if  two-thirds  of 
all  the  members  elected  shall  then  pass  the  same,  it  shall  take 
effect  as  a  law  ;  but  in  every  such  case  the  votes  shall  be  taken 
by  ayes  and  noes,  and  entered  on  the  journal ;  and  if  such  or- 


\ 


it 


Vi 


19 


dinance  or  resolution  sliall  not  be  so  returned  by  the  Mayor, 
within  ten  days  after  he  has  received  it,  it  shall  become  a  law, 
in  like  manner  as  if  he  had  signed  it;  provided  always ,  that  Proviso, 
each  and  every  ordinance,  so  passed  as  aforesaid,  shall  be  pub¬ 
lished  for  the  space  of  twenty  days,  in  at  least  one  newspaper 
published  or  circulated  in  said  city,  before  said  ordinance  shall 
go  into  effect;  provided  also,  that  no  ordinance  or  by-law  shall  Proviso, 
be  enacted  or  passed  by  the  said  Common  Council,  unless  the 
same  shall  have  been  introduced  before  the  said  Common 
Council  at  a  previous  stated  meeting,  and  shall  have  been 
agreed  to  by  at  least  nine  of  the  members  of  the  Common 
Council. 

37.  And  be  it  enacted ,  That  the  Common  Council  shall,  at  Annual  state- 

mentof  receipts 

least  once  a  year,  not  more  than  thirty,  nor  less  than  twenty  and expendi- 

tures,  to  bo 

days  before  the  annual  city  election,  publish,  in  such  of  the  published, 
newspapers  printed  in  the  city  as  they  shall  designate,  a 
full  statement  of  all  the  receipts  and  expenditures,  of  every 
description,  for  the  fiscal  year  preceding  such  statement,  in¬ 
cluding  all  the  moneys  which  have  passed  through  the  hands 
of  the  Treasurer,  for  any  purpose  whatever,  together  with  the 
different  sources  of  city  revenue,  the  amount  received  under 
each,  the  several  appropriations  made  by  the  Common  Council, 
the  objects  for  which  the  same  were  made,  and  the  sums  ex¬ 
pended  for  each  ;  also  any  moneys  borrowed  upon  the  credit  of 
the  city,  whether  by  temporary  loans  or  by  the  issue  of  bonds, 
the  terms  upon  which  they  were  obtained,  the  authority  under 
which  they  were  borrowed,  and  the  purposes  to  which  they 
were  applied,  and  how  much  of  the  same,  or  other  city  in¬ 
debtedness,  has  been  repaid,  and  by  what  means. 

The  statements  shall  also  include  a  detailed  account  of  the 
city  property,  existing  debts  of  every  description,  and  the  con¬ 
dition  of  the  sinking  fund,  with  all  such  other  information  as 
may  be  necessary  for  a  full  understanding  of  the  financial  con¬ 
cerns  of  the  city. 

38.  And  be  it  enacted,  That  the  Common  Council  shall  hold  Meetings  of Com- 
stated  meetings,  at  least  once  in  each  month,  at  such  times  and 

place  as  they  may  appoint;  but  the  Mayor,  or,  in  his  absence, 
any  three  aldermen,  may  call  special  meetings,  by  notice  to 
each  of  the  members  of  said  Council,  served  personally,  or  left 
at  his  usual  place  of  abode. 


20 


Resignation. 


Vacancies. 


Removal  from 
office. 


Proviso. 


Members  of 
Council  not  to 
hold  office  when 
emoluments  are 
paid  from  city 
treasury. 


39.  And  be  it  enacted ,  That  resignations  of  any  office,  held 
under  the  provisions  of  this  act,  may  be  made  to  the  Common 
Council. 

The  Common  Council  may  fill  vacancies  in  any  office  pro¬ 
vided  for  by  this  act,  for  the  remainder  of  the  current  civil 
year,  excepting  in  the  case  of  justices  of  the  peace  or  aldermen. 

40.  And  be  it  enacted,  That  any  officer,  except  the  Mayor, 
may  be  removed  from  office  for  cause  by  the  resolution  of  the 
Common  Council;  provided,  that  no  such  removal  shall  take 
place  until  the  party  sought  to  be  removed  has  had  an  oppor¬ 
tunity  to  be  heard  in  his  defence,  nor  unless  two-thirds  of  all 
the  members  elected  vote  therefor;  whenever  any  such  re¬ 
moval  shall  take  place,  the  cause  therefor,  together  with  the 
ayes  and  noes  upon  the  vote  taken,  shall  be  entered  at  large 
on  the  journal  of  the  Common  Council. 

41.  And  be  it  enacted ,  That  no  member  of  the  Common 
Council  shall,  during  the  period  for  which  he  was  elected,  be 
appointed  to,  or  competent  to  hold  any  office,  the  emoluments 
of  which  are  paid  from  the  city  treasury,  or  be  directly  or  in¬ 
directly  interested  in  any  contract,  work,  or  business,  or  the 
sale  of  any  article,  the  expense,  price,  or  consideration  of 
which  is  paid  from  said  city  treasury,  or  by  any  assessment 
levied  by  any  act  or  ordinance  of  said  Common  Council;  nor 
shall  any  such  member  be  directly  or  indirectly  interested  in 
the  purchase  of  any  real  estate  or  other  property  belonging  to 
the  corporation,  or  which  shall  be  sold  for  taxes  or  assessments, 
or  become  security  for  any  officer  appointed  by  said  Common 
Council,  or  for  any  contractor  under  the  city  government. 


TITLE  IV. 

Of  the  powers  of  the  Common  Council. 

Ordinances.  42.  And  be  it  enacted,  That  the  said  Common  Council  shall 
have  power  to  pass,  alter,  and  repeal  ordinances,  to  take  effect 
within  said  city,  for  the  following  purposes : 

Public  buildings.  1.  To  manage,  regulate,  control,  and  protect  the  finances 
and  property  of  the  city,  and  for  the  building,  erecting,  and 
maintaining  a  town  house,  school  houses,  alms  house,  and  work 
house,  a  city  prison,  and  such  other  buildings  as  may  be  neces¬ 
sary  for  the  objects  of  this  charter. 


21 


2.  To  establish,  regulate,  and  control  a  day  and  night  police,  Police, 
and  to  regulate  and  define  the  manner  of  their  appointment 

and  removal,  their  duties  and  their  compensation. 

3.  To  establish,  regulate,  and  control  a  fire  department,  Fire  department, 
with  power"  to  exempt  its  members  from  militia  duty  in  time 

of  peace,  and  from  serving  as  jurors  in  courts  for  the  trial  of 
small  causes,  and  the  mode  of  their  removal  and  appointment; 
to  provide  fire  engines,  apparatus,  and  houses  therefor,  and,  for 
the  purpose  of  guarding  against  fire  and  providing  for  the  safety 
of  firemen,  to  regulate  the  manner  of  building  dwelling  houses 
and  other  buildings,  and  of  constructing  and  placing  engines, 
chimneys,  ovens,  flues,  pipes,  and  all  matters  connected  there¬ 
with,  and  the  keeping  of  lights  in  stables,  and  the  manufacture 
and  keeping  of  gunpowder,  fire  works,  and  other  dangerous 
and  combustible  articles  ;  and  to  provide  water  for  extinguish¬ 
ing  fires,  to  limit  the  height,  and  prevent,  in  certain  limits,  to 
iv  be  from  time  to  time  prescribed  by  ordinance,  the  erection  of 
wooden  buildings. 

4.  To  provide  lamps  for,  and  to  light  the  streets,  wharves.  Lamps, 
docks,  and  piers,  and  public  squares  of  the  city. 

5.  To  make  and  regulate  wells,  pumps,  and  cisterns  in  the  Pumps,  &e. 
public  streets  and  squares. 

6.  To  make  and  lay  out  all  streets,  squares,  and  public  Grading, paving, 

^  1  and  regulating 

grounds,  upon  all  and  every  part  of  said  premises,  and  to  es-  streets. 

tablish  such  as  have  already  been  laid  out;  and  for  planting 

and  protecting  shade  trees,  and  from  time  to  time  to  regulate 

the  same ;  and  to  regulate  and  govern  the  levelling,  pitching, 

and  constructing-  of  the  said  streets,  and  the  raising  and  the  ♦ 

O  7  o 

levelling  of  all  lots  and  grounds  for  buildings,  as  well  public 
as  private  ;  to  ascertain  and  establish  the  boundaries  of  all 
streets  and  public  alleys  in  said  city,  and  to  prevent  and  re¬ 
move  all  encroachments,  encumbrances,  and  nuisances  in  or 
upon  the  same  ;  to  pave,  McAdamize,  gravel,  and  plank,  and 
curb,  and  gutter  the  streets;  to  flag  the  sidewalks;  to  fill 
sunken  lots ;  to  repair  the  sidewalks,  or  any  of  them,  or  any 
part  thereof ;  to  reset  the  curb  and  gutters  in  the  streets ;  to 
compel  the  occupiers  and  owners  of  lots  to  curb  and  flag  the 
sidewalks  opposite  their  lots,  and  to  keep  the  same  and  the 
gutters  swept  and  clean,  and  clear  of  snow  and  ice  and  other 

3 


22 


Docks,  wharves 
and  piers. 


Proviso. 


impediments ;  to  prevent  horses,  cattle,  swine,  and  geese  from 
running  at  large  in  the  streets,  and  to  provide  for  the  impound¬ 
ing  and  sale  of  the  same,  and  the  destruction  of  diseased  quad¬ 
rupeds  ;  to  prevent  immoderate  driving  in  the  streets,  and  riding 
or  driving  over  or  upon  the  sidewalks,  and  to  regulate  the  speed 
and  running  of  locomotive  engines  and  railroad  cars  through 
said  city;  to  construct  and  build  sewers  and  drains  in  and  from 
the  public  streets  and  squares,  and  such  alley  ways  as  may  be 
dedicated  for  draining  purposes;  to  regulate  the  building  of 
vaults  and  the  laying  of  water  or  gas  pipes  in  or  under  the 
streets,  and,  in  every  other  respect,  to  secure  to  the  public  and 
the  adjoining  owners  the  safe  and  convenient  use  of  the  streets 
and  sidewalks,  squares  and  public  grounds,  for  the  purposes 
for  which  they  are,  or  may  be  laid  out  and  dedicated. 

7.  To  order  and  regulate  the  building  of  all  docks,  piers, 
and  wharves  in  and  about  said  city,  and  to  regulate  said  docks, 
wharves,  and  piers,  and  the  use  thereof  when  built,  and  the 
rates  of  wharfage,  and  to  make  such  by-laws  and  regulations 
touching  the  same,  not  inconsistent  with  the  laws  of  this  State 
and  the  United  States,  as  to  them  may  appear  proper  and 
necessary,  and  to  order  and  direct  that  all  lands  under  water, 
between  high  water  mark  and  the  place  where  such  dock, 
wharf,  or  pier  may  be  built  or  extended,  and  for  such  width 
as  they  may^deem  advisable,  shall  be  filled  in  by  the  owner  of 
such  dock,  wharf,  or  pier,  or  of  the  shore  or  shore  right  from 
whence  such  dock,  wharf,  pier,  or  filling  up  may  be  directed  ; 
and  in  case  more  land  is  thus  filled  in  than  may  be  necessary 
for  the  use  of  said  wharf,  as  a  wharf  or  dock,  to  lay  out  proper 
streets  upon  the  same  ;  and  the  residue  thereof,  not  wanted  for 
wharves  or  streets,  may  be  appropriated  to  his  own  use,  and 
sold  by  the  owner  of  such  shore  or  dock,  so  directed  to  con¬ 
struct  or  extend  said  dock,  and  to  fill  up  said  lands,  upon  his 
complying  with  such  directions ;  but  the  parts  reserved  for 
public  streets  and  a  wharf  shall  be  held  by  such  person,  or  his 
assigns,  for  such  purposes  only ;  provided ,  that  the  improve¬ 
ments  contemplated  by  this  paragraph,  shall  not  be  made  with¬ 
out  the  consent  of  a  majority  in  interest  of  the  owners  of  the 
shore  in  front  of  which  the  proposed  improvement  is  to  bo 
made ;  and  'provided  also,  that  the  shore  owner  shall  not  pre- 


Provieo. 


T3 


vent  the  improvement  by  the  owners,  with  the  consent  of  the 
Common  Council,  of  any  lands  heretofore  granted  by  this  State. 

8.  To  declare,  by  general  law,  what  shall  be  considered  Nuisances, 
nuisances  in  lots,  streets,  docks,  wharves  and  piers,  and  to  di¬ 
rect,  provide  for,  and  to  enforce  their  removal ;  and  to  provide 

for  the  sale  or  other  disposition  of  all  encumbrances  on  the 
streets,  side  walks,.  docks,  wharves  and  piers. 

9.  To  provide  health  laws,  and  establish  a  board  of  health,  Board  of  health, 
and  to  enact  all  such  ordinances  as  they  may  deem  necessary 

to  protect  the  health  of  the  city. 

10.  To  establish  a  board  of  education,  and  provide  for  their  Public  schools, 
appointment;  to  define  their  powers  and  duties;  to  order  and 
regulate  public  schools,  and  every  thing  appertaining  thereto, 

in  such  manner  as  they  shall  deem  expedient;  to  expend  and 
appropriate  such  portion  of  the  State  school  fund  as  shall  be 
apportioned  to  Jersey  City,  or  the  wards  composing  the  same, 
in  the  same  manner  as  the  city  taxes  for  the  support  of  public 
schools  are  expended. 

11.  To  license,  regulate,  or  prohibit  inns  or  taverns,  and  to  inns  and  taverns, 
prohibit  all  traffic  in  or  sale  of  intoxicating  drink  or  drinks  ;  and 

to  license,  regulate  and  prohibit  hawkers,  pedlers,  hucksters, 
butchers,  slaughter  houses,  and  markets,  on  such  terms  and 
under  such  regulations  and  penalties  as  the  Common  Council 
shall  by  ordinance  impose ;  and  no  other  license  for  such  pur¬ 
poses  within  said  city,  granted  by  any  other  authority,  shall  be 
lawful,  except  licenses  granted  by  the  Governor  to  hawkers 
and  pedlers. 

12.  To  license  auctioneers,  carmen,  hack  drivers,  omnibus  Auctioneers, car- 
drivers  and  porters,  and  to  prohibit  all  persons,  not  so  licensed,  versj&c. 
from  following  the  employment  of  a  common  auctioneer,  car¬ 
man,  hack  driver,  omnibus  driver,  or  porter  in  said  city. 

13.  To  provide  that  the  said  aldermen,  or  a  majority  of ^®P®r h°afr^ 
them,  in  Common  Council  assembled,  by  not  less  than  nine  masters>  &c- 
concurring  votes,  shall  and  may  from  time  to  time,  elect  and 
appoint  keepers  of  the  city  prison,  harbor  masters,  measurers 

of  grain,  weigh  masters,  cullers  of  staves  and  heading,  inspec¬ 
tors  of  beef  and  pork,  pot  and  pearl  ashes,  lumber  and  fire 
wood,  coal  and  other  fuel,  and  such  subordinate  officers  and 
agents  of  said  city,  not  herein  named,  as  they  shall  think  neces- 


24 


Gaming  houses, 
&c. 


Rbts. 


Violation  of  ordi¬ 
nances. 


Interments,  &c. 

Dogs. 

Fishing. 

Common  Coun¬ 
cil  may  borrow 
money. 


Proviso. 


sary,  either  for  the  better  ordering  and  governing  the  said  city, 
or  for  the  convenience,  safety,  and  advantage  of  c6mmerce, 
and  to  define  and  prescribe  their  powers  and  duties;  which 
officers,  so  appointed,  shall  continue  in  office  until  others  shall 
be  appointed  to  succeed  them,  and  be  sworn  into  office. 

14.  To  prevent  and  suppress  gaming  houses,  and  to  prohibit 
gaming,  and  to  restrain  and  punish  all  mendicants,  vagrants, 
street  beggars,  and  common  prostitutes. 

15.  To  suppress  riots,  disorderly  and  tumultuous  assemblies, 
and  to  suppress  vice  and  immorality. 

16.  To  punish,  by  fines  or  imprisonment  in  the  city  prison, 
all  violations  of  any  ordinance  authorized  by  this  act,  and  to 
provide  all  means  which  they  may  judge  necessary  to  carry 
into  effect  the  objects  and  powers  provided  for  by  this  act ; 
and  no  fine  shall  exceed  fifty  dollars,  or  imprisonment  ten  days. 

17.  To  regulate  or  prohibit  interments  within  the  city,  and 
bathing  in  the  adjacent  waters,  and  the  exhibition  of  shows, 
caravans,  circuses,  or  other  like  matters,  and  the  firing  of  guns, 
fire  crackers,  or  other  fire  works  in  said  city. 

18.  To  restrain  all  dogs  from  running  at  large,  and  to  au¬ 
thorize  their  destruction. 

19.  To  regulate  or  prohibit  the  setting  up  or  fixing  of  any 
pole  or  poles,  for  fishing  in  the  waters  within  the  limits  of  the 
city,  whereby  the  lives  of  persons  may  be  endangered,  or  the 
navigation  obstructed. 

43.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  said 
Common  Council  of  Jersey  City  to  borrow  money,  from  time 
to  time,  for  all  purposes  for  which  by  this  act  they  are  autho¬ 
rized  to  raise  money  by  tax,  and  to  secure  the  payment  there¬ 
of,  by  bond  or  other  instrument,  under  the  common  seal  and 
the  signature  of  the  Mayor,  and  to  provide  by  tax  for  the  pay¬ 
ment  thereof;  provided,  that  it  shall  not  be  lawful  for  the  said 
Common  Council  to  raise  any  sum  by  loan,  whereby  the  pay¬ 
ment  of  the  said  loan  shall  not  be  otherwise  provided  for  than 
by  tax  upon  the  persons  and  property  in  said  city,  unless  at 
least  ten  aldermen,  in  Common  Council  convened,  and  the 
Mayor  shall  approve  the  same,  and  then  there  shall  not  be  a 
greater  sum  than  ten  thousand  dollars  raised  by  loan  in  any 
one  year ;  unless  the  repayment  thereof  shall  be  provided  for 


/ 


✓ 


25 


from  the  taxes  to  be  raised  in  said  city  in  any  such  year ;  and 
the  said  city  shall  not  owe  more  than  seventy-five  thousand 
dollars  at  any  one  time. 


TITLE  V. 

Of  Taxes,  and  their  collection. 

44.  And  be  it  enacted,  That  it  shall  be  lawful  for  the  Com-  Common  Coun- 

~  .  cil  authorized  to 

mon  Council  to  raise,  by  tax  every  year,  so  much  money  as  raise  money  by 

i  •  •  •  tcLX* 

they  may  deem  expedient,  for  the  purposes  of  lighting  the 
streets,  supporting  a  night  watch,  supplying  the  city  with  wa¬ 
ter  to  extinguish  fires,  and  other  purposes;  for  repairing  the 
•  streets,  for  improving  the  public  grounds,  maintaining  the  poor, 
supporting  and  maintaining  public  schools,  erecting  and  main¬ 
taining  market  houses,  school  houses,  a  city  hall  or  town  house, 
a  city  prison,  an  alms  house  and  work  house,  for  contingent 
expenses,  and  all  other  purposes  authorized  by  this  charter ; 
and  that  the  ordinance  directing  the  raising  of  said  tax,  shall 
set  forth  the  amount  required  for  each  object,  and  that  the  ex¬ 
penditures  for  such  specification  shall  be  confined  to  the  ob¬ 
jects  therein  specified,  and  be  appropriated  to  no  other;  which 
tax  shall  not  exceed,  in  any  one  year,  five  mills  on  a  dollar,  of 
the  actual  value  of  property  assessed. 

All  taxes  for  city  purposes  shall  be  assessed  by  the  two  As-  Mannerofas- 

•  •  •  •  sessment  find 

sessors,  acting  together,  within  the  time  directed  by  the  laws  collection. 

of  this  State  for  assessing  township,  county,  and  State  taxes,  in 

the  manner  following : 

They  shall  assess  a  poll  tax  on  every  male  resident  over  the 
age  of  twenty-one  years,  who  is  not  a  pauper,  not  less  than  one 
dollar,  or  more  than  two  dollars,  which  shall  be  a  school  tax, 
and  appropriated  to  the  support  of  public  schools ;  they  shall 
also  assess  all  real  estate  and  chattels,  situate  in  the  city,  both 
of  residents  and  nonresidents,  except  such  real  estate  and  chat¬ 
tels  belonging  to  religious  corporations  or  churches,  or  used 
or  occupied  by  or  for  schools  or  academies,  as  is  by  law  exempt 
from  taxation  by  the  assessors  of  townships,  and  also  the  real 
estate  and  chattels  belonging  to  the  Mayor  and  Common  Coun¬ 
cil  of  Jersey  City;  by  valuing  the  same  at  its  true,  full,  fair 
value,  designating  the  number  of  lots  or  parcels  of  land,  and 


Collector  to  make 
return  to  delin¬ 
quent  tax  payers. 


Proviso.. 


26 

the  value  of  personal  chattels,  which  they  assess  to  each  per¬ 
son  ;  and  every  person  owning  or  having  in  his  charge  any 
lands  or  chattels  in  said  city,  shall,  on  application  of  said  asses¬ 
sors,  or  either  of  them,  disclose  and  specify  the  quantity  and 
situation  of  such  lands,  and  the  amount,  nature,  and  value  of 
such  chattels. 

And  if  any  person  refuse  to  answer  or  give  such  information, 
when  required,  the  said  assessors  shall  value  his  real  estate  and 
chattels  at  double  the  amount  which  they  may  believe  the  same 
to  be  worth  ;  and  such  person  shall  have  no  relief  therefrom, 
before  the  Commissioners  of  Appeal,  except  for  so  much  as  ex¬ 
ceeds  the  double  value  of  his  estate. 

And  the  residue  of  such  city  tax,  after  deducting  the  amount 
raised  by  the  poll  tax,  shall  be  assessed  and  raised  by  such  per 
centum  on  the  whole  valuation  of  such  real  estate  and  chattels, 
as  is  required  to  make  such  residue ;  and  all  taxes,  so  assessed 
for  city  purposes,  shall  be  collected  by  the  Collector,  in  the 
same  manner  as  he  is  by  law  directed  to  collect  township, 
county,  and  State  taxes,  and  shall  be  paid  over  by  him  to  the 
city  Treasurer,  as  soon  as  collected  and  before  the  thirtieth 
day  of  December,  in  each  year. 

45.  And  be  it  enacted ,  That  the  Collector  of  the  said  city,  in 
case  of  the  nonpayment  of  taxes,  on  or  before  the  twentieth 
day  of  December  in  each  year,  shall  make  out  a  list  of  the 
names  of  the  delinquents,  with  the  sums  due  from  them,  respec¬ 
tively,  thereto  annexed,  and  deliver  the  same  to  the  Clerk  of 
the  said  city  on  the  thirtieth  day  of  December,  in  every  year, 
except  when  the  said  day  shall  be  Sunday,  and  then  on  the 
next  day  following ;  and  it  shall  be  the  duty  of  such  Clerk  to 
lay  the  same  before  the  Common  Council,  at  a  meeting  there¬ 
of,  held  next  after  the  same  shall  be  delivered  to  him ;  and 
thereupon  the  said  Common  Council  may  deliver  the  same  to 
a  Justice  of  the  Peace,  residing  in  said  city,  who  shall  proceed 
and  issue  a  tax  warrant  thereon,  as  provided  by  law  in  case  of 
taxes  in  townships,  which  shall  be  directed  and  delivered  to  the 
Collector  of  arrears  of  taxes,  who  shall  have  power  to  collect 
the  same,  in  like  manner,  in  all  things,  as  the  Constables  in 
townships  are  directed  by  law ;  provided ,  that  such  Collector 
shall,  before  he  delivers  such  list  to  the  said  Clerk,  take  and 
subscribe  an  oath  or  affirmation,  before  some  Justice  of  the 


27 


Peace  of  the  said  city,  that  the  moneys  in  the  said  list  men¬ 
tioned  have  been  duly  demanded,  or  due  notice  thereof  given 
at  the  usual  place  of  residence  of  each  delinquent  who  could 
be  found,  or  may  then  reside  in  the  said  city. 

46.  And  be  it  enacted ,  That  whenever,  within  the  said  city,  interest  to  be 
any  tax  shall  remain  unpaid  after  the  twentieth  day  of  Decern-  paid  taxes? 
her  in  every  year,  it  shall  be  lawful  for  the  Collector  of  arrears 

of  taxes  to  charge,  receive  and  collect,  in  addition  to  the 
amount  of  said  tax,  interest  thereon,  to  be  computed,  at  the 
rate  of  twelve  per  centum  per  annum,  from  the  twentieth  day 
of  December,  in  each  year,  until  the  same  is  paid  ;  and  such 
interest  shall  be  paid  over  by  the  said  Collector  of  arrears  of 
taxes  to  the  Treasurer  of  said  city,  in  like  manner  and  at  the 
same  time  as  he  may  be  required  to  pay  over  to  said  Treasurer 
all  taxes  by  him  collected. 

47.  And  be  it  enacted ,  That  if  any  person  or  persons,  from  Collector  author- 
whom  any  tax  shall  hereafter  be  due  and  payable  to  the  said  teres?  hf  certain 
city,  for  state,  county,  or  city  purposes,  shall  pay  the  same,  or  cabes‘ 

any  part  thereof,  to  the  collector  of  the  said  city,  before  the 
time  appointed  by  law  for  the  said  collector  to  return  a  list  of 
delinquent  tax  payers,  it  shall  be  lawful  for  the  said  collector 
to  allow  and  deduct  from  the  amount  of  said  tax,  so  paid,  in¬ 
terest  thereon,  to  be  computed  at  the  rate  of  six  per  centum 
per  annum,  from  the  time  when  the  said  tax  shall  be  received 
by  the  said  collector,  until  the  time  appointed  by  law  to  make 
such  return  of  the  list  of  delinquents  aforesaid;  provided,  that  no-  Proviso, 
thing  herein  contained  shall  be  so  constructed  as  to  exempt  the 
said  Common  Council,  or  the  Collector  of  said  city,  from  pay¬ 
ing  over  to  the  Treasurer  of  this  State,  or  the  Collector  of  Hud¬ 
son  county,  the  full  quota  of  taxes  required  by  law  to  be  raised 
in  said  city  for  State  and  county  puposes. 

48.  And  be  it  enacted ,  That  all  taxes  and  assesments,  which  Real  estate  may 

be  sold  for  pay- 

shall  hereafter  be  assessed  or  made  upon  any  lands,  tenements,  ment  of  taxes, 
or  real  estate  situate  in  said  city,  shall  be  and  remain  a  lien 
thereon  until  paid,  notwithstanding  any  devise,  descent,  alien¬ 
ation,  mortgage,  or  other  encumbrance  thereof ;  and  that  if 
the  full  amount  of  any  such  tax  or  assessment  shall  not  be  paid 
and  satisfied  within  the  time  limited  and  appointed  by  the 
Common  Council  for  the  payment  thereof,  it  shall  and  may 


28 


Proviso. 


Proviso. 


be  lawful  for  the  Common  Council  to  cause  such  lands,  tene¬ 
ments,  or  real  estate  to  be  sold  at  public  auction,  for  the  shortest 
term  for  which  any  person  will  agree  to  take  the  same,  and 
pay  such  tax  or  assessment,  or  the  balance  thereof,  remaining 
unpaid,  with  the  interest  thereon,  and  all  costs,  charges,  and  ex¬ 
penses,  and  to  execute  under  the  common  seal  of  the  said  city, 
a  declaration  of  such  sale,  to  be  signed  by  the  Mayor  and  City 
Clerk,  and  to  deliver  the  same  to  the  purchaser ;  and  such 
purchaser,  his  executors,  administrators,  or  assigns,  shall,  by 
virtue  thereof,  lawfully  hold  and  enjoy  the  said  lands,  tene¬ 
ments,  or  real  estate,  for  his  and  their  own  proper  use,  against 
the  owner  or  owners  thereof,  and  all  persons  claiming  under 
him  or  them,  until  his  said  term  shall  be  completed  and  ended; 
provided ,  that  the  said  Common  Council  shall  first  have  caused 
such  sale  to  be  advertised,  for  at  least  sixty  days,  in  at  least 
one  public  newspaper,  printed  and  published  in  said  city,  and 
and  if  no  newspaper  shall  be  printed  and  published  in  the  said 
city,  then  in  at.  least  one  public  newspaper  generally  circulated 
in  the  said  city,  and  also  by  advertisements  put  up  in  at  least 
five  public  places  in  the  said  city,  which  advertisements  shall 
describe  the  said  lands,  tenements,  or  real  estate,  and  specify 
the  amount  of  the  assessment  or  tax  ;  and  the  recitals  in  such 
declaration  of  sale  shall  be  evidence  of  the  assessment,  adver¬ 
tising,  and  sale;  and  provided  also ,  that  the  lands,  tenements, 
or  real  estate,  so  sold,  may  be  redeemed  by  the  owner,  mort¬ 
gagee,  occupant,  or  person  interested  therein,  or  by  any  other 
person,  for  and  on  behalf  of  the  owner,  mortgagee,  or  claim¬ 
ant  of  such  lands,  tenements,  or  real  estate,  at  any  time  with¬ 
in  two  years  after  the  sale,  for  either  taxes  or  assesments,  or 
for  both,  by  paying  to  the  Treasurer  of  the  city,  for  the  use 
of  said  purchaser,  the  said  purchase  money,  together  with  any 
other  sum  paid  for  tax  or  assessment,  which  the  said  purchaser 
may  have  paid,  chargeable  on  said  lands,  tenements,  or  real 
estate,  and  which  he  is  hereby  authorized  to  do,  with  interest 
thereon,  at  the  rate  of  fifteen  per  centum  per  annum,  in  ad¬ 
dition  thereto  ;  and  the  certificate  of  the  Treasurer  of  the  city, 
stating  the  payment,  and  showing  what  lands,  tenements,  or 
real  estate  such  payment  is  intended  to  redeem,  shall  be  evi¬ 
dence  of  such  redemption. 


29 


The  mortgagee  shall  have  power  to  redeem,  at  any  time,  Mortgagee  may 
until  after  the  expiration  of  the  six  months’  notice,  herein 
specified.  No  mortgagee  whose  mortgage  shall  have  been 
duly  recorded  before  sale,  for  any  tax  or  assessment,  shall  be 
affected  by  such  sale,  unless  six  months’  notice  in  writing 
shall  have  been  given  to  him  by  the  purchaser,  or  those  claim¬ 
ing  under  him,  either  personally,  or  if  not  to  be  found  in  the 
city,  then  such  notice  shall  be  deposited  in  the  post  office  of 
said  city,  directed  to  him  at  his  last  known  place  of  residence, 

(or  at  the  post  office  nearest  thereto ;)  but  nothing  herein  con¬ 
tained  shall  be  so  construed  as  to  impair  the  lien  created  by 
such  tax,  assessment,  or  sale.  Within  a  month  after  the  ser¬ 
vice  of  such  notice  by  the  purchaser,  or  by  those  claiming  un¬ 
der  him,  it  shall  be  the  duty  of  the  person  serving,  or  causing 
the  same  to  be  served,  to  file  in  the  City  Clerk’s  office  a  copy 
of  the  notice  served,  together  with  the  affidavit  of  some  person, 
who  shall  be  certified  by  the  officer  before  whom  said  affidavit 
shall  be  taken,  to  be  a  credible  person,  proving  the  due  service 
of  said  notice,  which  affidavit  shall  be  evidence  in  all  courts  of 
the  facts  therein  contained ;  and  provided  also ,  that  the  said  Proviso, 
term  of  time  for  which  any  land,  tenement,  or  real  estate,  so 
sold  as  aforesaid,  shall  not  commence,  nor  shall  said  purchaser, 
or  those  claiming  under  him,  have  a  right  of  possession  to  said 
land,  tenement,  or  real  estate,  until  the  two  years  limited  for 
the  redemption  of  the  same  shall  have  expired ;  and  the  said 
purchaser,  or  those  claiming  under  him,  shall,  at  the  expiration 
of  said  declaration  of  sale,  quit  and  surrender  the  said  lands, 
tenements,  or  real  estate'in  as  good  state  and  condition  as  when 
he  entered  thereon,  natural  wear  and  accidents  excepted  ;  pro-  Proviso. 
vided  also ,  that  the  sale  of  such  lands,  tenements,  or  real  estate, 
or  any  portion  of  them,  may  be  adjourned  or  postponed  from 
time  to  time,  or  suspended,  as  the  Common  Council  may  di¬ 
rect ;  and  provided,  that  if,  at  any  sale  of  lands,  tenements,  or  ^0a^n™ciy  be  ad* 
real  estate,  for  assessment  or  taxes,  the  whole,  or  any  part 
thereof,  shall  remain  unsold  for  the  want  of  purchasers,  then 
it  shall  and  may  be  lawful  for  the  said  Common  Council  to  ad¬ 
journ  the  said  sale,  not  less  than  thirty,  nor  more  than  sixty 
days ;  twenty  days’  notice,  at  least,  shall  be  given,  as  aforesaid, 

4 


30 


Assessments, 
&c  ,  to  be  a  lien 
on  property. 


Record  of  taxes 
and  sales  to  be 
kept. 


Notice  to  be  giv¬ 
en  of  time  for  re¬ 
demption. 


of*  the  said  adjourned  sale  ;  and  if,  at  said  adjourned  sale,  there 
shall  be  no  purchasers  for  said  lands,  tenements,  or  real  estate, 
or  any  part  thereof,  then  it  shall  and  may  be  lawful  for  the 
Treasurer  of  the  city  to  purchase  the  said  lands,  tenements,  or 
real  estate  for  the  benefit  of  the  city,  subject  to  the  same  re¬ 
demption  as  herein  before  provided  for;  provided  also,  that  all 
moneys  paid  for  the  redemption  of  said  lands,  tenements,  or 
real  estate,  as  aforesaid,  together  with  such  taxes  and  assess¬ 
ments  paid  by  a  mortgagee  or  judgment  creditor,  shall  be  a 
lien  on  said  lands,  tenements,  or  real  estate  for  the  amount  so 
paid,  with  interest  at  the  rate  of  seven  per  centum  per  annum  ; 
and  such  lien  shall  have  precedence  of  all  other  liens  on  said 
lands,  tenements,  or  real  estate ;  and  on  foreclosure  of  any 
mortgage  by  such  mortgagee  redeeming,  shall  be  directed  to 
be  made  out  of  said  lands,  and,  on  sale  of  said  lands  under  any 
such  judgment,  shall  be  paid  out  of  the  proceeds  of  sale ;  pro¬ 
vided  further ,  that  a  complete  record  of  all  taxes  and  assess¬ 
ments  shall  be  kept  in  the  City  Clerk’s  office,  which  record 
shall  contain  the  time  when  such  assessments  and  taxes  were 
laid,  the  time  when  they  were  paid,  (and  if  the  property  has 
been  sold  therefor)  the  time  of  said  sale,  and  to  whom  sold, 
and  if  redeemed,  when  and  by  whom.  It  shall  be  the  duty  of 
the  City  Clerk  to  record,  in  a  book  to  be  called  “Records  of 
Sales,”  all  declarations  of  sale,  to  give  certificates  of  search  in 
relation  to  liens,  to  any  person  or  perons  applying  for  the  same, 
and  to  cancel  such  declarations,  when  the  property  for  which 
they  were  given  shall  be  redeemed,  on  certificate  of  the  Trea¬ 
surer  of  such  redemption,  and  to  file  said  certificate  in  the 
Clerk’s  office.  It  shall  be  the  duty  of  the  Treasurer  to  make 
out  two  certificates  for  all  property  redeemed,  one  for  the 
person  redeeming,  and  one  to  be  filed  in  the  City  Clerk’s 
office. 

49.  And  he  it  enactedy  That  it  shall  be  the  duty  of  the  Com¬ 
mon  Council  to  give  notice  of  the  expiratioii  of  the  time  limit¬ 
ed  for  the  redemption  of  all  lands  sold  for  assessments  or  taxes, 
by  virtue  of  this  act,  by  advertisement  as  aforesaid,  sixty  days 
next  preceding  the  expiration  of  the  time  so  limited  for  redemp¬ 
tion,  specifying  the  property  unredeemed,  and  the  amount  due 
thereon. 


31 


50.  And  be  it  enacted ,  That  all  State  and  county  taxes  shall  Assessment  ami 

collection  ofState 

be  assessed  by  the  Assessors,  in  like  manner  and  upon  the  same  and  county  taxes, 
property,  as  city  taxes  are  assessed,  and  they  shall  be  collected 
by  the  Collector  in  like  manner  as  city  taxes  are  collected  by 
him,  and  shall  be  paid  over  by  him  to  the  county  collector  in 
like  manner  and  under  like  penalties  as  township  collectors  are 
directed  by  law ;  provided  however ,  that  the  proportion  or  quota  Proviso 
of  tax  to  be  levied  and  collected  in  said  city,  for  state  and  coun¬ 
ty  purposes,  shall  be  adjusted  and  fixed,  from  year  to  year,  upon 
the  same  basis  or  ratio  as  by  the  laws  of  this  State  is  or  may  be 
adjusted  and  fixed  for  the  several  townships  in  this  State,  for 
which  purpose  the  Assessors  shall  make  a  list  of  such  persons 
and  property  as  are  by  law  liable  to  such  taxes. 

51.  And,  be  it  enacted ,  That  the  Common  Council  shall  es-Lamp  and  watch 
tablish,  by  ordinance,  certain  limits  in  said  city,  to  be  called  fabiished?  be  63 
the  lamp  and  watch  district,  and  shall,  in  directing  taxes  to  be 

raised  each  year,  designate  how  much  is  to  be  raised  for  the 
expenses  of  lighting  the  streets  and  supporting  a  night  watch, 
and  shall  provide  that  such  taxes  shall  be  assessed  only  on 
property  lying  within  such  lamp  and  watch  district;  and  the 
Assessors  shall  assess  such  taxes  separately  from  all  other 
taxes,  and  shall  assess  \thepi  only  on  pyppe^ty  vyithin  the  lamp 
and  watch  district. 


TITLE  VI. 

Of  Improvements ,  and  assessments  therefor. 


/ 


52.  And  be  it  enacted ,  That  all  expense  for  improvements  in  Assessments  for 

.  ..  p,,.  ..  .  opening  streets, 

opening,  altering,  widening,  filling  up,  grading,  altering  the  &G. 
grade  of,  refilling,  guttering,  curbing,  bridging,  planking  and 
paving  streets,  and  for  flagging  sidewalks,  and  for  filling  and 
refilling  sidewalks,  and  for  repairing  and  resetting  flagging  in 
or  on  the  sidewalks,  and  for  repairing  and  resetting  cufb  and 
gutters,  and  bridge  stone  and  bridging,  and  for  filling  sunken 
lots,  and  for  building  wells,  pumps,  cisterns,  drains  and  sewers, 
shall  be  assessed  upon,  and  paid  by  the  lands  and  real  estate 
benefited  by  the  same,  in  proportion  to  the  benefit  received. 

All  propositions, for  such  improvements,  except  for  opening,  Notice  of  assess, 
altering,  altering  the  grade  of  and  widening  streets,  and  con-  menttobesiven* 
structing  sewers,  shall  be  advertised  by  the  Common  Council, 


32 


Proviso. 


in  one  or  more  of  the  city  papers,  for  twenty  days  before  the 
same  are  adopted ;  and  the  parties  interested  shall,  if  they  de¬ 
sire,  have  an  opportunity  of  being  heard  thereon,  before  the 
Common  Council,  or  their  appropriate  committee;  provided , 
that  for  paving  any  street,  or  portion  of  a  street,  lying  without 
the  limits  of  the  improved  part  of  said  city,  or  upon  which  there 
are  no  buildings  erected,  the  consent  of  the  owners  of  a  ma¬ 
jority  of  the  lots  to  be  assessed  therefor  shall  be  first  had  and 
obtained  ;  and  the  expenses  of  such  improvements,  when  com¬ 
pleted,  shall  be  ascertained  and  assessed  by  three  impartial 
commissioners,  not  interested  therein,  who  shall  be  appointed, 
by  the  Common  Council,  from  the  freeholders  resident  in  the 
city;  which  commissioners  shall  examine  into  the  whole  mat¬ 
ter,  and  shall  determine  and  report  in  writing  to  the  Common 
Council,  what  real  estate  ought  to  be  assessed  for  such  improve¬ 
ment,  and  what  proportion  of  such  expenses  shall  be  assessed 
to  each  separate  parcel  or  lot  of  land,  and  shall  accompany  such 
report  wTith  a  map  containing  each  lot  assessed,  and  the  name 
of  the  owner  or  owners  thereof ;  which  report  and  map  shall 
be  filed  in  the  office  of  the  City  Clerk,  and  be  by  him  recorded 
in  the  assessment  book,  whereupon  the  said  Clerk  shall  cause 
to  be  inserted  in  at  least  one  of  the  newspapers  published  in 
said  city,  for  at  least  ten  days,  a  notice  of  the  filing  of  said  re¬ 
port,  and  that  the  Common  Council  will  meet  at  a  time  and 
place  to  be  specified  in  said  notice,  to  consider  said  assessment, 
and  to  receive  and  consider  all  objections  thereto  which  may 
be  presented  in  writing,  and  if  the  Common  Council  shall  con¬ 
firm  said  assessment,  it  shall  constitute  a  lien  on  the  property 
assessed,  for  the  amount  of  such  assessment. 

53.  And  be  it  enacted ,  That  the  Common  Council  shall  not 
without  "consent  alter  the  grade  of  any  street,  which  has  been  fixed  by  any  law¬ 
ful  authority,  and  which  has  been  built  upon,  unless  by  the 
consent  of  the  owners  of  three-fourths  of  the  lots  fronting  on 
the  part  so  altered,  nor  without  paying  to  the  owners  of  such 
buildings  the  damages  sustained  by  the  alteration  of  such 
grade. 

Lands  may  be  ta-  54.  And  be  it  enacted ,  That  the  Common  Council  shall  have 

ken  on  payment 

of  value.  power  to  take  any  lands  that  they  may  judge  necessary  for  the 

opening,  widening,  or  alteration  of  any  street,  upon  paying  to 


Grade  of  streets 
not  to  be  altered 


33 


the  owner  the  fair  value  of  the  lands  taken,  and  of  the  improve¬ 
ments  thereon,  and  the  damage  done  to  any  distinct  lot  or  par¬ 
cel,  or  tenement,  by  taking  part  of  it  for  such  purpose  ;  jprovi-  Proviso. 
ded}  that  any  street  upon  or  along  any  navigable  waters,  within 
the  limits  of  said  corporation,  shall  not  be  widened  so  as  to 
give  the  Common  Council  or  corporate  authorities  of  Jersey 
City  any  right  or  interest  in,  or  control  over,  any  docks, 
wharves,  or  piers  used  for  ferries,  conjmercial,  or  other  pur¬ 
poses,  or  to  deprive  the  owner  or  owners  of  such  docks, 
wharves,  and  piers  of  their  right,  as  riparian  owners,  or  of  any 
franchise  or  authority  as  shore  owners. 

55.  And  be  it  enacted ,  That  when  any  application  shall  be  Applications  for 

^  1  A  >  opening  streets, 

made  for  opening,  altering,  or  widening  any  street,  or  altering  &c. 
the  grade  of  any  street,  or  for  constructing  any  sewer,  the  Com¬ 
mon  Council  shall  appoint  a  time  when  persons  interested 
therein  may  be  heard  before  them,  or  the  appropriate  com¬ 
mittee,  on  the  merits  of  such  application,  and  shall  give  notice 
of  the  nature  of  such  application,  and  the  time  and  place  of 
hearing,  in  one  or  more  of  the  city  papers,  for  ten  days  before 
such  time  of  hearing;  and  if  the  Common  Council  shall  deter¬ 
mine  to  open,  alter,  or  widen  said  street,  or  alter  the  grade  of 
said  street  or  any  part  thereof,  or  to  construct  such  sewer, 
they  shall,  after  determining  and  defining  the  precise  improve¬ 
ment  to  be  made,  appoint  three  judicious  disinterested  free¬ 
holders,  residents  of  said  city,  commissioners,  who  shall  deter¬ 
mine  what  lands  and  real  estate  will  be  benefited  by  said 
improvements ;  and  shall  estimate  the  whole  cost  of  said  im¬ 
provement,  according  to  the  best  of  their  judgment;  and  shall 
cause  a  survey  and  map  to  be  made  of  said  improvement, 
and  of  the  lots  or  parcels  of  land  benefited  thereby,  dis¬ 
tinguishing  each  lot  or  parcel  by  numbers  on  said  map ;  and 
shall  assess  such  estimated  costs  upon  said  lands  to  be  benefit¬ 
ed  thereby,  in  proportion  to  the  benefit  received  by  each  lot 
or  parcel  in  said  map,  estimating  the  benefit  to  be  done  to  the 
residue  of  any  lot  or  parcel,  of  which  part  may  be  taken  for 
such  improvement  in  the  same  manner  as  to  other  lands ;  and 
they  shall  also  estimate  and  report  the  value  of  lands  taken  for 
such  improvements,  and  the  erections  thereon,  and  the  damages 
aforesaid  done  by  taking  the  same,  and  shall  report  to  whom 


Remonstrances 
against  improve¬ 
ments. 


Assessment  of 
expenses. 


Persons  aggriev¬ 
ed  may  appeal. 


Saul  lands  so  taken  belong,  and  the  interest  and  estate  of  tbo 
several  owners  in  the  same,  as  far  as  practicable,  and  shall  fde 
said  report  and  map  with  the  City  Clerk  in  ninety  days  after 
their  appointment ;  except  on  applications  for  the  construction 
of  any  sewer,  in  which  cases  the  said  commissioners  shall  file 
said  report  and  map  with  the  City  Clerk,  within  thirty  days 
after  their  aj>pointment ;  the  City  Clerk  shall  give  notice  of  the 
filing  of  any  such  report  and  map  within  ten  days  after  the 
same  shall  be  filed  with  him,  in  one  or  more  of  the  city  papers, 
and  continue  the  same  for  two  weeks ;  and  unless,  in  thirty 
days  after  the  filing  of  said  report,  one  half  of  the  owners  of 
the  lands  to  be  assessed  for  such  improvements,  shall  file  with 
the  City  Clerk  a  remonstrance,  signed  by  them,  or  their  agents, 
lawfully  authorized,  said  Common  Council  shall  proceed  to 
execute  said  improvements. 

But  if  such  remonstrance  shall  be  filed,  the  Common  Coun¬ 
cil  shall  proceed  no  further  in  such  improvement  under  that 
application ;  and  all  costs  and  expenses  incurred  by  the  Com¬ 
mon  Council  in  such  proceeding,  shall  be  repaid  to  the  city  by 
the  petitioners  for  such  improvements  and  the  Common  Coun¬ 
cil  may  make  such  regulations,  touching  the  receiving  and  pro¬ 
ceeding  upon  such  petitions,  and  security  for  the  expenses 
thereof,  as  they  may  deem  proper. 

And  if  no  such  remonstrance  be  filed,  then  the  amount  re¬ 
ported  by  said  commissioners,  as  the  value  of  any  lands  to  be 
taken,  and  the  damages  by  taking  the  same,  shall  be  the  sum 
to  be  paid  by  said  Common  Council  to  the  respective  owners 
of  said  lands ;  and  the  expenses  of  said  improvements,  when 
completed,  including  all  interest  and  the  costs  of  the  proceed¬ 
ings,  shall  be  assessed  upon  the  property  reported  by  said  com¬ 
missioners  as  benefited  thereby,  and  in  the  proportion  reported 
by  them. 

If  the  owner  of  any  lands  taken  who  has  filed  a  remonstrance 
against  any  such  impi'ovements,  is  dissatisfied  with  the  value 
and  damages  reported  by  said  commissioners,  or  if  the  owner 
of  any  lands  assessed  who  has  filed  a  remonstrance  against  any 
assessment,  is  dissatisfied  with  such  assessment,  he  may  apply 
to  the  Justices  of  the  Supreme  Court,  at  their  term  held  next 
after  the  end  of  twenty  days  from  the.  expiration  of  the  time 


4 


35 

limit ed  for  filing  a  remonstrance,  as  above  provided,  giving  ten 
days’  notice  of  such  application  to  the  City  Clerk,  or,  in  his 
absence,  to  the  Mayor;  and  said  Justices,  or  a  majority  of 
them,  at  said  term,  upon  petition  by  such  person  dissatisfied, 
setting  forth  the  causes  of  his  complaint,  shall  appoint  three 
disinterested  persons  commissioners,  who  shall  be  the  same  in 
all  applications  regarding  the  same  improvement;  such  com¬ 
missioners  shall  meet  on  ten  days’  notice,  given  by  any  of  said 
persons  so  applying  to  each  of  the  others,  or  to  his  attorney,  if 
either  reside  in  the  city,  and  to  the  City  Clerk,  and  shall  pro¬ 
ceed  to  examine  the  premises,  with  power  to  send  for  and  ex¬ 
amine  persons  and  papers,  and  to  swear  witnesses,  and  to  com¬ 
pel  their  attendance,  and  the  production  of  papers,  by  process 
of  subpoena  to  issue  out  of  the  Supreme  Court,  and  shall  re¬ 
view  the  proceedings  of  the  said  commissioners  appointed  by 
the  Common  Council,  so  far  only  as  the  complaint  of  the  ap¬ 
plicants  to  the  Supreme  Court  is  concerned,  and  shall  report* 
in  writing  under  their  hands,  to  the  Common  Council,  their 
estimate  of  the  value  of  such  lands  taken  and  damages,  and 
their  assessment  of  such  expenses  on  lands  benefited,  which 
report  shall  be  filed  with  the  City  Clerk,  and  shall  be  conclu¬ 
sive  on  all  parties ;  and  the  costs  of  their  appointment,  and  of 
the  proceedings  of  said  commissioners,  shall,  in  case  their  re¬ 
port  is  more  favorable  to  the  applicant  than  that  of  the  first 
commissioners,  be  paid  by  the  city,  and  added  to  the  expense 
of  the  improvement ;  and  in  case  such  report  is  not  more  favor¬ 
able  to  any  applicant  than  the  first  report,  then  said  applicant 
shall  pay  all  such  costs  and  expenses ;  and  the  proportion  of 
such  costs  paid  by  the  city  shall  be  deducted  from  the  sum  to 
be  paid  to  him  or  assessed  upon  his  property  by  the  Common 
Council,  and  shall  become  a  lien  thereon,  and  collected  there¬ 
from  in  the  same  manner  as  the  assessment  for  such  improve¬ 
ment  ;  and  in  case  the  lands,  so  valued  or  damaged  by  such 
taking,  shall  be  held  by  a  tenant  for  life  or  years,  and  the  fee 
in  remainder  or  reversion,  such  commissioners  shall,  in  their 
report,  apportion  such  value  and  damages  between  them ;  and 
in  case  any  lands  assessed  shall  be  held  by  a  tenant  for  years 
or  life,  and  such  tenant  shall  pay  such  assessment,  or  the  same 
be  made  by  a  sale  of  his  interest  in  said  lands,  said  tenant,  or 


4 


Assessment 
book  to  be  kept. 


Assessments, 
how  paid  to 

■owners. 


his  legal  representatives,  shall,  at  the  termination  of  their  es¬ 
tates,  be  repaid  such  principal  sum  by  the  reversioner,  his 
heirs  or  assigns,  and  shall  have  a  lien  upon  said  lands  for  the 
same ;  and  may,  by  bill  in  Chancery,  have  said  lands  sold  to 
pay  such  lien,  and  the  proceedings  thereon  in  the  Court  of 
Chancery,  except  the  allegations  in  the  bill,  shall  be  the  same 
as  if  said  reversioner  had  given  a  mortgage  on  said  lands,  and 
said  bill  was  filed  for  the  foreclosure  thereof ;  and  such  lien 
shall  have  priority  of  all  other  encumbrances. 

And  after  any  improvement  authorized  by  this  act  shall  be 
completed,  all  the  costs  and  expenses  of  making  the  same  shall 
be  reported  to,  and  settled  by  the  Common  Council ;  and  the 
proportion  of  each  lot  or  parcel  of  land,  designated  on  the 
original  assessment  map,  shall  be  fixed  and  settled  by  a  reso¬ 
lution  of  the  Common  Council,  according  to  the  provisions  of 
this  act;  which  resolution  shall  be  recorded  by  the  City  Clerk, 
in  a  book  kept  for  that  purpose,  to  be  called  the  assessment 
book,  and  shall  be  signed  by  the  President  of  the  Common 
Council  and  the  City  Clerk;  which  book,  or  a  transcript  there¬ 
of,  certified  by  the  Clerk  under  the  city  seal,  shall  be  conclu¬ 
sive  evidence  of  such  assessment. 

And  whenever  within  said  city  any  assessment  on  any  lot 
or  parcel  of  land,  shall  remain  unpaid  for  thirty  days  after  the 
confirmation  thereof  by  the  Common  Council,  it  shall  be  law¬ 
ful  for  the  Common  Council  to  charge,  receive  and  collect,  in 
addition  to  the  amount  of  said  assessment,  interest  thereon  to 
be  computed  at  the  rate  of  twelve  per  cent,  per  annum  from 
the  time  of  confirmation  of  such  assessment  until  the  same  is 
paid. 

The  due  publication  and  posting  of  all  ordinances  and 
notices  required  to  be  published  or  posted  by  the  provisions  of 
this  act,  shall  be  verified  by  the  affidavit  of  the  printer  of  the 
newspapers  in  which  such  publication  shall  be  made  or  his  fore¬ 
man,  and  of  the  person  who  posted  such  notice ;  and  such  affi¬ 
davit  shall  be  filed  in  the  office  of  the  City  Clerk,  and  shall  be 
evidence  of  such  publication  and  posting  in  all  Courts  and 
places. 

56.  And  be  it  enacted ,  That  upon  completing  the  report  of 
the  commissioners,  assessing  the  value  of  lands  taken,  and  the 


37 


f 


damages  thereby,  the  city  Treasurer  shall  tender  and  pay  to 
the  owner  of  said  lands,  if  resident  in  the  city,  the  amount  of 
such  assessment  due  to  him ;  but  if  such  owner  is  not  resident 
in  the  city,  or  upon  due  inquiry  cannot  be  found  therein,  or  is 
a  lunatic  or  idiot,  or  an  infant,  or  if  for  any  other  lawful  cause 
he  is  incapacitated  to  receive  the  same,  or  if  such  owner  will 
not  accept  the  same,  and  sign  a  proper  receipt  therefor,  when 
tendered,  then  the  city  Treasurer  shall  make  affidavit  of  such 
facts,  and  file  the  same  with  the  City  Clerk;  and  the  Common 
Council  shall,  after  inquiry  into  the  facts  of  the  case,  direct 
the  amount  of  such  assessment  to  be  placed,  either  in  the  city 
treasury  or  in  some  safe  bank,  for  the  use  of  the  person  to 
whom  the  same  may  be  due  ;  and  upon  filing  such  receipt  of  the 
owner,  or  the  passing  of  such  resolution  by  the  Common  Coun¬ 
cil,  the  said  lands  shall  be  vested  in  the  city,  and  the  city  offi¬ 
cers  may  proceed  with  such  improvements,  and  the  said  mo¬ 
neys  so  deposited  shall  be'paid  by  the  city  to  the  person  enti¬ 
tled  thereto,  on  demand,  without  interest,  except  from  such 
time  as  a  demand  may  be  made,  and  payment  refused. 

57.  And  be  it  enacted ,  That  any  assessment,  or  estimate  of  Assessments 

J  may  be  reviewed 

value  and  damages,  made  by  any  commissioners  under  this  act,  an(l3et  askle* 
that  may  be  made  upon  principles  contrary  to  law  and  to  the 
provisions  of  this  act,  may  be  reviewed,  and  for  such  cause  set 
aside  by  the  Supreme  Court,  upon  certiorari;  and  the  said 
Court  shall,  in  the  case  of  setting  aside  any  such  assessment  or 
valuation,  appoint  new  commissioners  to  examine  into  and  re¬ 
port  anew,  as  to  the  part  set  aside. 

And,  for  the  purpose  of  such  examination,  the  Supreme 
Court  may  require,  by  rule,  the  commissioners  to  certify  spe¬ 
cifically  as  to  the  principle  on  which  their  assessment  was 
made,  or  may  inquire  into  the  same,  by  affidavits  to  be  taken 
for  that  purpose ;  and  the  city,  in  case  of  reversal,  shall  pay 
the  costs  on  such  certiorari,  and  add  the  same  to  the  expenses 
of  the  improvement. 

58.  And  be  it  enacted,  That  the  Common  Council  shall  not  Restriction, 
alter  any  street  or  public  highway,  in  such  manner  as  to  cut 

off  any  lot  that  shall  front  upon  or  adjoin  the  same  from  access 
thereto,  without  the  consent  of  the  owner  of  the  lot  so  cut  off; 

5 


I 


38 


Commissioners 
ofassessmentsto 
to  take  oath. 


Grading  and 
paving  public 
streets,  grounds, 
<kc. 


Expenses,  how 
paid. 


Contracts  for  do 
ing  work. 


Claims  against 
city  to  be  audited. 


but  the  consent  of  any  owner  shall  not  be  necessary  for  any 
alteration,  except  in  front  of  that  side  of  the  block  on  which 
his  lot  may  front  or  adjoin. 

59.  And  be  it  enacted ,  That  all  commissioners  of  assess¬ 
ments,  appointed  by  or  under  this  act,  shall,  before  they  pro¬ 
ceed  to  the  duties  of  their  appointment,  subscribe  and  take  an 
oath,  before  the  Mayor  or  City  Clerk,  faithfully,  honestly,  and 
impartially  to  perform  the  duties  required  of  them,  and  shall 
receive  such  compensation  for  their  services  as  the  Common 
Council  shall,  by  general  ordinance,  fix  and  ordain. 

60.  And  be  it  enacted ,  That  the  Common  Council  shall  have 
power  to  grade,  pave,  and  remove  obstructions  in  all  streets, 
public  grounds,  and  public  squares,  that  are  or  may  become 
public  streets,  public  grounds,  and  public  squares,  or  high¬ 
ways,  by  dedication  or  otherwise. 

61.  And  be  it  enacted ,  That  all  expenses  for  laying  out,  orna¬ 
menting,  or  improving  public  grounds  and  public  squares,  shall 
be  paid  out  of  the  city  treasury. 

62.  And  be  it  enacted ,  That  all  contracts  for  doing  work,  or 
furnishing  materials  for  the  improvements  provided  for  in  this 
title,  shall  at  all  times  be  given  to  the  lowest  bidder,  who  will 
comply  with  all  the  requirements  of  the  Common  Council,  and 
will  give  ample  security  for  doing  said  work  and  furnishing 
said  materials  according  to  contract;  but  the  Common  Coun¬ 
cil  shall  be  under  no  obligation  to  accept  the  lowest  bid,  and 
may  reject  all  bids,  if  they  shall  think  proper. 

TITLE  VII. 

Of  the  Auditing  of  Claims  against  the  City. 

63.  And  be  it  enacted ,  That  all  claims  and  demands  against 
the  city,  shall  be  audited  by  the  Common  Council,  upon  days 
to  be  designated  for  the  purpose,  at  least  as  often  as  once  in 
three  months.  All  claims  must  be  presented  in  writing.  They 
shall  be  numbered  and  filed  by  the  Clerk,  and  a  brief  entry  of 
the  name  of  the  claimant,  number,  nature,  and  amount  of  the 
claim  made  by  the  Clerk,  in  a  book  kept  by  him  for  the  pur¬ 
pose,  prepared  with  appropriate  letters  and  columns,  so  that 


39 


the  entry  shall  serve  as  an  alphabetical  index  to  the  claim. 

The  book  shall  be  provided  with  a  column,  in  which  shall  be 
entered,  after  the  claim,  the  date  when  it  is  audited,  and  the 
amount,  if  any,  allowed  thereon.  The  claims  shall  be  audited, 
and  the  amounts  allowed  paid  without  unreasonable  delay.  In 
case  the  Common  Council  shall  disallow  any  claim,  or  allow 
but  a  part  thereof,  its  decision  shall  be  a  bar  to  the  claim  dis¬ 
allowed,  or  the  part  not  allowed,  unless  an  action  shall  be  com¬ 
menced  against  the  city  thereon,  within  six  months  from  the 
time  the  same  was  audited. 

64.  And  be  it  enacted ,  That  at  least  two  weeks  before  Thurs-  Notice  of  elec- 
day,  in  the  second  week  prior  to  the  annual  city  election,  the 
Common  Council  shall  cause  a  notice  to  be  published  in  one 

or  more  of  the  newspapers  published  in  said  city,  and  the  pub¬ 
lication  to  be  continued  for  two  weeks,  that  upon  such  Thurs¬ 
day  it  will  meet  for  the  purpose  of  auditing  all  claims  and  de¬ 
mands  against  the  city  which  have  not  been  audited.  Upon 
such  Thursday  the  Common  Council  shall  meet,  and  proceed 
to  audit  all  claims  against  the  city  which  have  been  or  may 
then  be  presented,  and  to  make  provision  for  the  payment  of 
all  such  claims,  and  of  all  portions  of  claims,  which  it  shall 
have  allowed,  or  may  then  allow. 

65.  And  be  it  enacted,  That  no  claim  against  the  city,  which  Claims  not  to 

bear  interest  ioi 

has  been  presented  to  the  Common  Council  to  be  audited,  shall  certain  cases, 
be  withdra  wn  from  the  files.  JNo  claim  or  demand  against  the 
city  which  has  not  been  audited,  or  which  has  not  been  liqui¬ 
dated  by  the  Common  Council,  shall  bear  interest,  unless  it 
shall  have  been  presented  to  the  Common  Council  to  be  audit¬ 
ed  previous  to,  or  at  the  annual  auditing  of  claims  provided 
for  in  this  title;  but  the  provisions  of  this  title  shall  not  apply 
to  claims  on  bonds  or  certificates  of  indebtedness  for  improve¬ 
ments  given  by  the  city,  or  to  moneys  paid  into  the  city  treas¬ 
ury  for  redemption  of  property  sold  for  taxes  or  assessments. 

66.  And  be  it  enacted ,  That  no  costs  shall  be  recovered  Cos.ts  on  action 

against  city. 

against  the  city,  in  any  action  brought  against  it  for  any  un¬ 
liquidated  claim  which  has  not  been  presented  to  the  Common 
Council  to  be  audited,  nor  shall  costs  be  recovered  against  the 
city,  in  any  action  upon  any  unliquidated  claim  which  shall 
have  been  allowed  in  part  by  the  Common  Council,  unless  the 


recovery  shall  be  for  a  greater  sum  than  the  amount  allowed 
by  the  Common  Council,  with  the  interest  thereon  from  the 
time  it  was  allowed. 


TITLE  VIII. 


Miscellaneous  provisions. 


Property  vested 
in  Mayor  and 
Common  Council 


Taxes  unpaid 
when  act  takes 
effect. 


67.  -  And  be  it  enacted, ,  That  all  property,  real  and  personal, 
all  debts,  dues,  claims,  and  rights  in  action,  or  rights  of  any 
kind,  that  shall,  at  the  time  when  this  act  takes  effect,  belong 
to,  or  be  vested  in  the  Mayor  and  Common  Council  of  Jersey 
City,  or  in  the  inhabitants  of  the  township  of  Van  Vorst,  in  the 
county  of  Hudson,  shall  belong  to,  and  be  vested  in  the  Mayor 
and  Common  Council  of  Jersey  City,  as  incorporated  by  this 
act;  and  said  the  Mayor  and  Common  Council  of  Jersey  City 
may  sue  for  and  recover  all  debts,  dues,  and  rights  in  action, 
in  its  own  corporate  name,  by  simply  adding  the  allegation  in 
any  declaration  or  other  proceeding,  that  the  right  or  claim  de¬ 
manded  is  by  virtue  of  this  act  vested  in  them  ;  and  the  said 
corporation  may  proceed,  and  prosecute  or  defend  any  suit 
now  pending,  brought  by  or  against  said  Mayor  and  Common 
Council  of  Jersey  City,  or  said  inhabitants  of  the  township  of 
Van  Vorst,  in  the  names  in  which  said  suits  are  now  pending, 
in  the  same  manner  as  if  this  act  had  not  been  passed  ;  and 
said  the  Mayor  and  Common  Council  of  Jersey  City  shall  be 
entitled  to  receive  any  amount  recovered  in  such  suits  by  said 
former  corporations,  and  be  liable  to  pay  any  amount  awarded 
against  said  Mayor  and  Common  Council,  or  said  inhabitants, 
in  such  suit  or  proceedings. 

68.  And  be  it  enacted, ,  That  all  taxes  and  assessments  made 
and  due  before  this  act  takes  effect  in  Jersey  City  or  the  town¬ 
ship  of  Van  Vorst,  and  not  then  paid,  shall  be  collected  and 
received  by  the  Mayor  and  Common  Council  of  Jersey  City, 
in  the  name  of  such  of  the  two  present  corporations  as  may  be 
entitled  to  collect  the  same  ;  and  the  property  liable  to  be  sold 
therefor,  shall  be  sold  as  if  this  act  had  not  been  passed ;  and 
any  duty,  in  such  collection  and  sale,  imposed  upon  any  officer 
in  such  present  corporations,  shall  be  performed  by  the  corres- 


41 


ponding  officer  of  the  Mayor  and  Common  Council  of  Jersey 
City,  under  this  act. 

69.  And  be  it  enacted ,  That  the  Mayor  and  Common  Coun-  School  houses 

J  '  and  engine  hou> 

cil  of  Jersey  City  shall,  as  soon  as  can  conveniently  be  done  sesto  be  erected. 

after  this  act  goes  into  effect,  erect  and  provide,  out  of  the 
funds  and  at  the  expense  of  said  city,  suitable  public  school 
houses,  fire  engines  and  engine  houses,  in  the  territory  that  is 
now  the  township  of  Van  Vorst,  to  an  amount  equal  to  the 
excess  of  the  debt  of  the  Mayor  and  Common  Council  of  Jer¬ 
sey  City  over  that  of  the  township  of  Van  Vorst,  beyond  their 
respective  available  assets  at  the  time  this  act  takes  effect. 

70.  And  be  it  enacted ,  That  the  Mayor  and  Common  Council  of  Jersey 
of  Jersey  City  shall  be  liable  to  the  debts,  claims,  and  rights  in  Vorst- 
action,  which  said  Mayor  and  Common  Council  of  Jersey  City 

and  the  inhabitants  of  the  township  of  Van  Vorst,  or  either  of 
them,  now  are  liable  to,  and  may  be  sued  and  prosecuted  for 
the  same  in  any  court,  by  adding,  in  the  declaration  or  other 
proceeding,  to  the  statement  of  the  cause  of  action,  that  by 
virtue  of  this  act  they  are  liable  to  be  sued  for  the  same. 

71.  And  be  it  enacted ,  That  the  Common  Council  shall  have  Salaries  of  offi- 
power  to  fix  the  salary,  pay,  or  compensation  of  all  officers,  ceiS‘ 

both  elected  and  appointed,  except  the  aldermen,  by  general 
ordinance,  and  the  salary  or  compensation  of  any  officer, 
which  has  once  been  fixed,  shall  not  be  increased  during  the 
continuance  of  his  term  in  office. 

72.  And  be  it  enacted ,  That  all  ordinances  of  the  Mayor  and  Former  ordi- 

i\ftnc68 

Common  Council  of  Jersey  City,  as  at  present  incorporated, 
that  may  be  in  force  when  this  act  shall  go  into  effect,  so  far 
as  the  same  may  be  applicable  to  the  city  hereby  incorporated, 
and  so  far  as  not  inconsistent  with  this  act,  shall  be  in  force 
until  altered  or  repealed  by  the  Common  Council  hereby 
created. 

73.  And  be  it  enacted ,  That  the  first  charter  election  under  First  charter 
this  act  shall  take  place  on  the  second  Tuesday  in  April  next;  elnc,lou' 
and  it  shall  be  held  by  one  judge,  two  inspectors  of  election, 

and  one  clerk,  in  each  ward ;  those  of  the  first  and  second 
wards  to  be  appointed  by  the  present  Common  Council  of 
Jersey  City,  and  those  for  the  third  and  fourth  wards  by  the 
present  Town  Committee  of  Van  Vorst  township,  and  shall  be 


42 


held  at  such  place  in  each  ward  as  the  said  body  appointing 
such  officers  shall  direct.  And  the  said  Common  Council  and 
Town  Committee  shall  cause  notice  of  the  appointment  of 
such  officers  and  such  places  for  holding  the  polls  to  be  pub¬ 
lished  for  at  least  seven  days  before  the  day  of  election,  in 
each  of  the  public  newspapers  published  in  the  city  hereby 
incorporated  ;  and  the  present  Town  Committee  of  Van  Vorst, 
'  and  such  five  members  of  the  Common  Council  of  Jersey  City, 

as  said  Common  Council  shall  appoint  for  that  purpose,  shall 
meet  at  the  Common  Council  chamber,  in  Jersey  City,  on  the 
morning  of  Friday  next  after  such  election,  at  ten  o’clock,  and 
be  a  board  of  canvassers  of  such  election  ;  and  one  of  the 
.  judges  of  election  in  each  of  said  wards  shall  bring,  in  person, 

to  such  board  of  canvassers  the  statement  of  the  votes  given  in 
his  ward,  as  made  and  certified  by  the  board  of  election  in  such 
ward  ;  and  from  such  statements,  the  said  board  of  canvassers 
shall  then  aud  there  make  a  statement  of  the  whole  number  of 
votes  cast  for  each  person  voted  for  in  said  election,  and  shall 
declare  the  person  who  shaft  have  received  the  greatest  num¬ 
ber  of  votes  for  any  office,  elected  thereto  ;  the  said  board  of 
canvassers  shall  sign  their  names  to  said  statement  and  decla¬ 
ration  in  duplicate,  and  shall  forthwith  publish  such  declara¬ 
tion  in  each  of  the  public-newspapers  printed  in  said  city,  and 
shall  deliver  one  copy  of  such  statement  and  declaration  to 
the  Clerk  of  Jersey  City  and  one  to  the  Clerk  of  the  town  of 
Van  Vorst. 

Inhabitants  not  74.  And  be  it  enacted.  That  upon  the  trial  of  any  issue,  or 

incompetent  wit-  ....  A 

•nesses  in  trials  upon  the  iudicial  investigation  of  any  fact,  to  which  issue  or 
where  city  is  r  v  ° 

Party-  investigation  the  Mayor  and  Common  Council  of  Jersey  City 

is  a  party,  or  in  which  it  is  interested,  no  person  shall  be  deem¬ 
ed  an  incompetent  judge,  witness,  or  juror,  by  reason  of  his 
being  an  inhabitant,  freeholder,  or  freeman  of  the  said'  city; 
and  that  if  any  person  shall  be  sued  or  impleaded  by  reason 
of  any  thing  done  by  virtue  of  this  act,  it  shall  be  lawful  for 
such  person  to  plead  the  general  issue,  and  give  this  act  and 
special  matter  in  evidence  at  the  trial. 

Election  to  be  75.  And  be  it  enacted ,  That  this  act  shall  be  suspended,  and 
or'rejection  of°n  ^ave  no  further  force  or  effect,  if  the  assent  of  a  majority  of  the 
charter.  electors  of  Jersey  City,  or  a  majority  of  the  electors  of  the 


43 


township  of  Van  Vorst,  who  shall  vote  thereon,  shall  be  re¬ 
fused,  and  for  that  purpose  a  poll  shall  be  opened  in  Jersey 
City  and  in  the  township  of  Van  Vorst  on  the  twenty-seventh 
dav  of  March  next,  at  the  hour  of  seven  o’clock  in  the  fore- 
noon,  and  kept  open  till  the  hour  of  seven  o’clock  in  the  after¬ 
noon  of  that  day,  under  the  direction  of  the  judges  of  the  last 
election  in  the  said  city  and  township,  respectively,  and  at  the 
place  in  each  township  where  the  last  election  was  held,  of 
which  time  and  place  the  Mayor  and  Common  Council  of  Jer¬ 
sey  City  and  the  Township  Committee  of  Van  Vorst  shall  give 
at  least  one  week’s  previous  notice  in  both  the  newspapers 
printed  and  published  in  Jersey  City  ;  and  the  electors  entitled 
to  vote  in  either  place  for  town  officers,  who  may  vote,  shall 
express  their  assent  or  refusal  of  this  act,  by  depositing  their 
ballots  in  a  box  provided  for  the  purpose  in  said  city  and 
township;  and  the  electors  who  are  in  favor  of  this  law  shall 
each  deposit  a  ballot  containing  the  word  “Charter,”  written 
or  printed  thereon,  and  the  electors  who  are  opposed  shall 
each  deposit  a  ballot  with  the  words  “No  charter,”  written  or 
printed  thereon ;  and  a  canvass  and  return  of  the  votes  shall 
be  made  by  the  said  judges  to  the  Township  Committee  of 
Van  Vorst  and  to  the  Mayor  and  Common  Council  of  Jersey 
City,  respectively,  and  published  in  the  newspapers  above  men¬ 
tioned;  and  if  a  majority,  in  either  place,  of  the  electors  who 
shall  vote  at  such  election  shall  vote  “No  charter,”  then  this 
act  shall  not  be  of  any  further  force  or  effect ;  and  the  present 
Mayor  and  Common  Council  of  Jersey  City,  and  all  the  offi¬ 
cers  of  said  city,  and  the  Town  Committee  of  Van  Vorst,  and 
all  township  officers,  shall  continue  in  office,  and  have  all  the 
powers  and  authority  now  vested  in  them  by  law,  until  the 
Common  Council  first  elected  under  this  act  shall  be  sworn 
into  office  and  organized,  from  which  time  said  two  present 
corporate  authorities  shall  cease  and  determine,  except  so  far 
as  provided  for  in  this  act,  or  necessary  to  carry  out  its  pro¬ 
visions. 

76.  And  be  it  enacted ,  That  all  acts  in  relation  to  Jersey  Former 
City  and  the  township  of  Van  Vorst,  inconsistent  with  the  pro-  f>ealed‘ 
visions  of  this  act,  are  hereby  repealed  ;  but  the  repeal  shall 


acts  re * 


\ 


44 


Justices  of  the 
peace  and  com 
missioners  of 
deeds. 


« 


Act  may  be  re¬ 
pealed. 


Vested  rights  of 
persons  and  in¬ 
corporations. 


not  affect  any  proceedings  had  or  commenced  under  the  same 
when  this  act  takes  effect,  nor  any  rights  or  dues  to  which  the 
said  city  or  township,  or  any  person  or  persons,  is  or  are  en¬ 
titled  by  virtue  thereof. 

77.  And  be  it  enacted ,  That  the  present  justices  of  the  peace 
and  commissioners  for  acknowledgment  and  proof  of  deeds, 
for  Jersey  City  and  Van  Vorst,  shall  continue  in  office  for  the 
residue  of  their  terms,  as  justices  and  commissioners,  respect¬ 
ively,  in  that  ward  in  which  they  respectively  reside  at  the 
passage  of  this  act. 

78.  And  be  it  enacted ,  That  the  legislature  may  at  any  time 
alter,  amend,  or  repeal  this  act ;  and  this  act  shall  be  a  public 
act,  and  take  effect  immediately. 

79.  And  be  it  enacted ,  That  nothing  in  this  act  contained 
shall  be  constructed  to  interfere  with  or  impair  the  vested 
rights  and  privileges  of  any  person  or  corporation  whatever, 
except  as  to  property  taken  for  public  use  upon  compensation, 
as  provided  for  in  this  act. 

Approved  March  18,  1851. 


I 


45 


State  of  Nc to  Jersey. 


AN  ACT 


For  the  appointment,  of  Commissioners  in  relation  to  supplying 
the  townships  of  Hoboken,  Van  Vorst,  and  the  city  of 
Jersey  City ,  with  pure  and  wholesome  water. 


Passed  March  18th,  1851. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  Names  of  Com- 
State  of  New  Jersey ,  That  Edwin  A.  Stevens,  Edward  Coles, 

Dudley  S.  Gregory,  Abraham  L.  Van  Boskerck,  and  John  D. 

Ward,  shall  constitute  a  Board,  to  be  known  as  the  Water 
Commissioners  for  the  aforesaid  places. 

2.  And  be  it  enacted ,  That  it  shall  be  the  duty  of  the  said  To  make  exami- 

nations  and  esti- 

Commissioners  to  examine  and  consider  all  matters  relative  mates, 
to  supplying  the  said  townships  of  Hoboken,  Van  Vorst  and 
Jersey  City  with  a  sufficient  quantity  of  pure  and  wholesome 
water  for  the  use  of  their  inhabitants,  and  the  amount  of  mo¬ 
ney  necessary  to  effect  that  object. 

3.  And,  be  it  enacted ,  That  the  said  Commissioners  shall  Have  power  to 

ill  employ  survey- 

have  power  to  employ  engineers,  surveyors,  and  such  other ors,«s<x. 
persons  as  in  their  opinion  may  be  necessary  to  enable  them 
to  fulfil  their  duties  under  this  act. 

4.  And  be  it  enacted ,  That  the  said  Commissioners  shall  To  make  report 

of  their  proceed* 

make  a  report  of  their  proceedings  under  this  act,  which  shall  ings  and  reasons 
,  .  .  .  ,  ,  .  „  .  .  .  .  .  for  their  opinions 

contain  their  opinion  as  to  the  best  plan  or  furnishing  the  city 

6 


46 


of  Jersey  City  and  the  said  townships  of  Van  Vorst  and  Hobo¬ 
ken  with  a  sufficipnt  supply  of  pure  and  wholesome  water, 
and  an  estimate  of  the  expense  of  carrying  such  plan  into 
effect;  also  the  reasons  and  calculations  upon  which  such 
opinion  and  estimate  may  be  founded,  and  generally  all  such 
information  connected  with  the  object  of  their  appointment,  as 
they  may  deem  important. 


Copy  of  report  to  5.  And  be  it  enacted,  That  the  said  Commissioners  shall 
till  May oT and U>  present  a  copy  of  the  said  report  to  the  Town  Committees  of 
of  Jersey  City"011  the  said  townships  of  Hoboken  and  Van  Vorst,  and  to  the 
Mayor  and  Common  Council  of  Jersey  City,  on  or  before  the 
first  day  of  December,  in  the  year  eighteen  hundred  and  fifty- 
one,  and  their  said  report  shall  be  made  and  presented  by  them 
to  the  Legislature  on  the  second  Tuesday  of  January,  eighteen 
hundred  and  fifty-two. 


Expenses  by 
whom  to  be  paid. 


6.  And  be  it  enacted,  That  all  reasonable  expenses  to  be 
incurred  under  this  act  shall  be  paid  by  the  aforesaid  places 
equally,  but  no  compensation  to  be  paid  or  allowed  to  the 
said  Commissioners  for  their  services. 


t 


l 


47 


t at e  of  ‘Nti d  Jersey. 


ACT 


To  authorize  the  construction  of  works  for  supplying  Jersey  City 
and  places  adjacent ,  with  pure  and  wholesome  water. 


Whereas,  by  an  Act  of  the  Legislature,  passed  eighteenth  Preamble. 
March,  eighteen  hundred  and  fifty-one,  certain  Commissioners 
were  appointed  to  examine  and  consider  all  matters  relative 
to  supplying  Hoboken,  Van  Vorst  and  Jersey  City,  with  a  suf¬ 
ficient  quantity  of  pure  and  wholesome  water,  for  the  use  of 
their  inhabitants,  and  the  amount  of  money  necessary  to  effect 
that  object ;  and  the  said  Commissioners  having  performed  the 
duties  assigned  to  them,  and  made  a  report  of  their  examina¬ 
tions,  together  with  an  opinion,  founded  upon  careful  surveys 
and  estimates,  made  by  experienced  engineers,  that  a  sufficient 
quantity  of  pure  and  wholesome  water  for  the  use  of  the  inha¬ 
bitants  of  Jersey  City,  and  parts  of  the  townships  of  Bergen, 

North  Bergen  and  Hoboken,  may  be  obtained  at  such  reason¬ 
able  cost  as  will  render  the  acquisition  thereof  advantageous  ; 
and  the  Mayor  and  Common  Council  of  Jersey  City,  and  sun¬ 
dry  others  interested  therein,  having  petitioned  for  the  passage 
of  an  act  to  authorize  the  construction  of  works  for  that  pur¬ 
pose  ;  therefore, 

1.  Be  it  enacted  by  the  Senate  arid  General  Assembly  of  the  common  Council 
State  of  New  Jersey ,  That  the  Mayor  and  Common  Council  [hoOzed7 to t;take 
of  Jersey  City,  be,  and  hereby  are  authorized,  in  the  manner  Denver*11  PaS" 
hereinafter  provided,  to  take  and  convey  into  and  through  Jer- 


48 


sey  City,  and  such  other  places  adjacent  thereto,  as  may  desire 
the  same,  such  portion  of  the  water  of  Passaic  river  flowing 
between  the  villages  of  Acquackanonk  and  Belleville,  as  may 
be  required  to  furnish  the  inhabitants  of  the  said  city,  and 
others  residing  adjacent  thereto,  with  a  sufficient  quantity  of 
pure  and  wholesome  water  for  domestic  and  other  purposes. 

To  be  done  by  2.  And  be  it  enacted ,  That  all  authority  granted  or  given  by 

Board  of  Water 

Commissioners,  this  act,  shall  be  exercised  exclusively  by  and  through  a  Board 

who  may  employ  .  ^  °  . 

engineers,  sur-  of  Commissioners,  to  be  appointed  as  hereinafter  directed  ; 

Yeyors,  «&e.  ,  ri 

and  in  pursuance  of  this  authority,  the  said  Commissioners 
may  employ  all  proper  engineers,  surveyors,  clerks,  and  other 
agents  and  assistants,  necessary  or  convenient  for  accomplish¬ 
ing  the  purpose  contemplated  by  this  act,  and  may  enter  upon 
any  land  or  water  for  the  purpose  of  making  surveys  and  exa¬ 
minations  for  the  same. 

Land  may  be  ta  3.  And  be  it  enacted ,  That  the  said  Commissioners  shall,  for 

ken. 


Water  may  be 

distributed  in 

jersey^city,  Ber-  City,  and  through  such  portions  of  the  townships  of  Bergen, 

Hoboken,  and  North  Bergen,  Hoboken  and  other  places,  as  the  inhabitants 

<(  other  places."  °  .  r  > 

thereof  may  desire. 

How  disagree-  4.  And  be  it  enacted ,  That  in  case  of  any  disagreement  be- 

ment  for  land  to  .  ~  .  r*  i  i 

be  ■ettied.  tween  the  Commissioners  and  the  owner  ot  any  lands  or  water 
rights  which  may  be  required  for  the  said  purposes,  or  affected 
by  any  operation  connected  therewith,  as  to  the  amount  of 
compensation  to  be  paid  to  such  owner,  or  in  case  any  such 
owner  shall  be  an  infant  or  a  married  woman,  or  insane,  or 
shall  be  absent  from  this  State,  the  Circuit  Court  in  and  for 
the  county  of  Hudson,  shall,  on  the  application  of  either  party, 
nominate  and  appoint  three  disinterested  persons,  to  examine 


and  in  the  name'  of  “  The  Mayor  and  Common  Council  of 
Jersey  City,”  take  and  hold  any  lands  or  other  real  estate, 
necessary  for  the  construction  of  any  canals,  aqueducts,  reser¬ 
voirs,  or  other  works  for  conveying  or  containing  water,  or  for 
the  erection  of  any  buildings  or  machinery,  or  for  laying  any 
pipes  or  conduits  for  conveying  the  water  into  or  through  the 
said  places,  or  to  secure  and  maintain  any  portion  of  the  works; 
and  in  general  to  do  any  other  act  necessary  or  convenient  for 
accomplishing  the  purposes  contemplated  by  this  act ;  and  may 
distribute  the  water  throughout  the  corporate  limits  of  Jersey 


# 


49 


such  property,  and  estimate  the  value  thereof,  or  damage  sus¬ 
tained  thereby  ;  and  who  shall,  after  reasonable  notice  to  the 
parties,  of  the  time  and  place  where  they  will  be  heard  in  rela¬ 
tion  to  the  matter,  proceed  without  delay,  to  make  their  report 
thereon,  and  deliver  the  same  to  the  Court  at  the  next  session 
thereof,  which  shall  be  held  in  the  said  county. 

5.  And  be  it  enacted.  That  whenever  such  report  shall  be  Msney  therefor 

.  r  .  paid  into  Court. 

confirmed  by  the  Court  aforesaid,  the  Commissioners  shall 
within  two  months  thereafter,  pay  to  the  said  owner  or  to  such 
person  or  persons  as  the  Court  may  direct,  the  sum  mentioned 
in  said  report,  in  full  compensation  for  the  property  so  required, 
or  for  the  damage  sustained,  as  the  case  may  be;  and  there¬ 
upon  the  Mayor  and  Common  Council  of  Jersey  City,  shall 
become  seized  in  fee  of  such  property  so  required,  and  shall 
be  discharged  from  all  claim  by  reason  of  such  damage  ;  but 
no  claim  shall  be  made  or  allowed  after  the  expiration  of 
three  years  from  the  time  the  land  is  taken,  or  the  damage 
suffered. 

6.  And  be  it  enacted ,  That  the  Commissioners,  in  behalf  of  p'Pes  mar  be 

conveyed  under 

the  Mayor  and  Common  Council  of  Jersey  City,  and  all  per-  roads, 
sons  acting  under  their  authority,  shall  have  the  right  to  use 
the  ground  or  soil  under  any  road,  railroad,  highway,  street, 
lane,  alley  or  court,  within  this  State,  for  the  purpose  of  con¬ 
structing  the  wTorks  contemplated  by  this  act,  on  condition  that 
they  shall  cause  the  surface  of  such  road,  railroad,  highway, 
street,  lane,  alley  or  court,  to  be  restored  to  its  original  state, 
and  all  damages  done  thereto  to  be  repaired,  and  all  damages 
to  any  company,  by  any  interruption  of  travel  while  the  work 
is  constructing,  to  be  paid  unto  them. 

7.  And  be  it  enacted ,  That  all  contracts  for  materials,  or  for  Contracts  for 
the  construction  of  the  work,  shall  be  made  in  writing,  and  of  writing!  be 
each  contract  three  copies  shall  be  taken,  which  shall  be  num-  Three  copies, 
bered  with  the  same  number  and  endorsed  with  the  name  of 

the  contractor,  and  a  summary  of  the  work  to  be  done  or  ma¬ 
terials  furnished;  one  of  such  copies  shall  be  deposited  with 
the  Comptroller  of  Jersey  City,  or  such  other  officer  as  the 
Common  Council  may  direct,  and  one  shall  be  retained  by  the 
Commissioners. 


50 


Advertise  for  8.  And  he  it.  enacted.  That  public  notice  shall  be  given  of 

sealed  proposals.  t  _  *"  # 

the  time  and  place  at  which  sealed  proposals  will  be  received 
for  entering  into  contracts,  by  publishing  the  same  in  all  the 
newspapers  published  in  the  county  of  Hudson,  and  in  one  or 
more  newspapers  published  in  the  city  of  New  York,  for  at 
least  twenty  days;  and  all  proposals  for  contracts  shall  be  for 
a  sum  certain,  as  to  the  price  to  be  paid  or  received  ;  and  no 
proposition  which  is  not  thus  definite  and  certain,  or  which 
contains  any  alternative,  condition  or  limitation  as  to  price, 
shall  be  received  or  acted  upon;  nor  shall  more  than  one  pro¬ 
position  be  received  from  any  one  person  for  the  same  con¬ 
tract,  directly  or  indirectly ;  and  all  the  propositions  of  any 
persons  offering  more  than  one,  shall  be  rejected ;  and  every 
person  or  persons  proposing  as  aforesaid,  shall  accompany 
such  proposition  with  a  bond,  to  be  approved  by  the  Commis¬ 
sioners,  conditioned  to  faithfully  carry  into  effect  his  or  their 
proposition,  if  accepted. 


Contractors  to 
give  security. 


Commissioner 
not  to  be  inter¬ 
ested. 


9.  And  he  it  enacted ,  That  every  person  who  shall  enter  into 
any  contract  with  the  Commissioners,  for  the  supply  of  mate¬ 
rials  or  the  performance  of  any  work  or  labor,  shall  give  satis¬ 
factory  security  for  the  faithful  performance  of  his  contract, 
according  to  its  terms ;  and  no  Commissioner  shall  be  inte¬ 
rested,  directly  or  indirectly,  in  any  contract  relating  to  said 


work. 

Materials  to  be  10.  And  he  it  enacted  y  That  all  materials  procured  or  par- 

exempted  from  _  .  ^  .  X 

execution.  tialiy  procured,  under  contract  with  the  Commissioners,  shall 

be  exempt  from  execution;  but  it  shall  be  the  duty  of  the 
How  claim  to  be  Commissioners  to  pay  the  moneys  due  to  such  contractor,  for 
such  materials,  to  the  judgment  creditor  of  the  contractor,  un¬ 
der  whose  execution  such  materials  might  otherwise  have  been 
sold,  upon  his  producing  to  them  due  proof  that  his  execution 
would  have  so  attached,  and  such  payment  shall  be  held  as 
valid  payment  on  the  contract. 


stock  created  for  11.  And  he  it  cnactedf  That  for  the  purpose  of  defraying  all 
costeioSf  "surveys  the  expenses  and  the  cost  of  such  lands  as  shall  be  taken  or 

and  providingwa-  .  ,  i  •  i  r  .  „ 

ter,  $ooo;coo.  purchased  for  the  purposes  of  this  act,  and  for  constructing  all 

works  necessary  to  the  full  accomplishment  thereof,  and  all 

expenses  incidental  thereto,  and  for  the  payment  of  all  neces- 


/ 


5  i 


sary  expenses  incurred  in  making  the  examinations,  directed 
by  the  act  approved  the  eighteenth  day  of  March,  eighteen 
hundred  and  fifty-one,  the  said  Board  of  Commissioners  shall 
have  authority  to  issue  in  the  name  of  the  said  Mayor  and 
Common  Council  of  Jersey  City,  notes  or  scrip,  or  certificates 
of  debt,  to  be  denominated  on  the  face,  “Jersey  City  Water 
Scrip,”  to  an  amount  in  the  whole  not  exceeding  six  hundred 
thousand  dollars,  bearing  an  interest  not  exceeding  six  per  interest  6  per  ct. 

,  .  .  ,  ..  ,  ,  ,  .  payable  seini-an- 

cent,  per  annum,  and  said  interest  shall  be  payable  semi-annu- nuaiiy. 

ally,  and  the  principal  of  said  debt  shall  be  payable  at  periods  Duration  of  debt 

not  less  than  fifteen,  or  more  than  fifty  years  from  date;  and  7 

the  Commissioners  may  sell  the  same,  at  public  or  private  sale,  How  to  sell  or 

at  such  times  as  the  proceeds  thereof  may  be  required  for  the  bame' 

construction  of  the  works,  or  may  pledge  fhe  same,  for  money 

borrowed  at  a  higher  rate  of  inte»est,  if  in  their  opinion,  the 

necessities  of  the  work  require  such  proceeding;  and  in  addi- Additional  scrip 
•  .  for  interest. 

tion  to  the  said  sum  of  six  hundred  thousand  dollars,  the  Com¬ 
missioners  may  issue  and  dispose  of  scrip  in  the  manner  here¬ 
inbefore  provided,  to  meet  all  payments  of  interest  accruing 
upon  any  scrip  by  them  issued  as  aforesaid — Provided,  how¬ 
ever,  that  no  such  scrip  shall  be  issued  by  the  Commissioners, 
after  the  expiration  of  one  year  from  the  time  that  the  works 
are  so  far  completed,  as  to  furnish  one  million  gallons  of  water 
per  day;  and  the  payment  of  all  interest  accruing  after  that 
time,  beyond  the  amount  which  may  be  paid  from  the  rents 
received  for  the  use  of  the  water,  shall  be  provided  for  and 
paid  by  the  Mayor  and  Common  Council  of  Jersey  City,  who  <-orporationafter 
are  hereby  authorized  and  required  to  raise  and  assess  for  that  to^ax^for' 'defil 

-i  .  i  .  i  i  .  i  ciency  of  inter- 

purpose,  by  tax,  such  amount  as  may  be  necessary,  above  the  est. 
other  taxes  authorized  by  law ;  and  Provided,  also,  that  no 
notes  or  scrip,  or  certificates  of  debt,  shall  be  sold  at  public  or 
private  sale,  for  less  than  the  par  value  thereof,  nor  shall  any 
higher  rate  of  interest  be  paid  for  any  sum  of  money  borrow¬ 
ed  on  a  pledge  of  said  scrip,  than  at  the  rate  of  seven  percent, 
per  annum ;  and  Provided,  further,  that  the  work  authorized 
or  contemplated  by  this  act,  shall  not  be  commenced  by  the 
said  Commissioners,  until  at  least  one  half  of  the  whole  amount  one-half  of  cost 
of  money  required  for  the  said  work,  shall  be  first  had  or  se-  fore6 contracted6 

cured  ;  all  certificates  issued  as  aforesaid,  shall  be  signed  by  Commissioners 
.  ~  n  ,  -|  .  ,  and  Mayor  to  sign 

the  Commissioners,  or  a  majority  of  them,  and  countersigned  certificates. 


Record. 


52 


Money  how  de¬ 
posited  and 
drawn. 


Commissioners 
to  keep  books. 


by  the  Mayor  of  Jersey  City;  and  a  record  of  all  certificates 
issued  or  disposed  of,  shall  be  kept  by  the  Commissioners,  and 
copies  of  such  record  shall  be  made  and  delivered  to  the  Trea¬ 
surer  of  Jersey  City.  All  moneys  received  by  the  Commis¬ 
sioners,  shall  be  deposited  by  them  in  some  bank  or  banks  of 
good  credit  in  the  State  of  New  Jersey  or  in  the  city  of  New 
York,  and  be  made  payable  to  the  joint  order  of  the  President, 
and  at  least  two  other  members  of  the  Board  only. 

12.  And  be  it  enacted ,  That  the  Commissioners  shall  keep 

regular  books  of  accounts,  and  books  for  recording  the  whole 

They  and  clerks  of  their  official  proceedings  ;  and  the  said  Commissioners,  and 
to  be  sworn.  ° 

the  clerks  employed  in  their  service,  shall  be  sworn  to  the 
faithful  performance  of  their  duties ;  and  all  such  books  shall 
be  open  to  the  examination  of  any  person  or  persons  appointed 
for  that  purpose  by  the  Mayor  and  Common  Council  of  Jersey 
City;  the  Commissioners  shall  also  on  the  first  Tuesday  in 
Jr°y  and0JuiyanU  January>  and  ^ie  first  Tuesday  in  July  of  every  year,  make  a 
report  to  the  said  Mayor  and  Common  Council,  of  the  condition 
of  the  works  under  their  charge,  accompanied  by  a  statement 
of  their  receipts  and  expenditures  on  account  of  the  same. 

tcTre^ufaTe^ useof  13.  And,  be  it  enacted ,  That  the  Board  of  Commissioners, 
price!  and  fiX  f°r  time  being,  shall  regulate  the  distribution  and  use  of 
the  water  in  all  places,  and  for  all  purposes  where  the  same 
may  be  required,  and  from  time  to  time  shall  fix  the  price  for 
the  use  thereof,  and  the  times  of  payment ;  and  they  may  erect 
such  number  of  public  hydrants,  and  in  such  places  as  they 
shall  see  fit,  and  direct  in  what  manner  and  for  what  purposes 
the  same  shhll  be  used  ;  all  which  they  may  change  at  their 
discretion — Provided  that  all  hydrants,  conduits,  or  other  ap¬ 
pliances,  required  and  furnished  for  the  purpose  of  extinguish¬ 
ment  of  fires,  shall  be  placed  as  the  Mayor  and  Common 
Council  of  Jersey  City  shall  direct,  and  shall  be  under  their 
exclusive  control  and  direction. 

14.  And  be  it  enacted ,  That  the  owner  and  occupier  of  any 
house,  tenement  or  lot,  shall  each  be  liable  for  the  payment  of 
the  price  or  rent  fixed  by  the  Commissioners  for  the  use  of  the 
water  by  such  occupier,  and  such  price  or  rent  so  fixed,  shall 
be  a  lien  upon  said  house,  tenement  or  lot,  in  the  same  way 
and  manner  as  other  taxes,  assessed  on  real  estate  in  Jersey 


Who  to  pay  wa¬ 
ter  rent. 


A  lien. 


53 


City,  are  liens,  and  shall  be  collected  in  like  manner,  if  not 
previously  paid  to  the  Commissioners. 

15.  And  be  it  enacted ,  That  the  said  Commissioners  shall  No  contract,  for 
make  no  contracts  for  the  price  of  using  the  water,  for  a three  years- 
longer  term  than  three  years,  and  at  the  expiration  of  any 

term  or  lease,  the  price  for  the  use  thereof,  shall  be  adjusted 
according  to  the  regulations  then  established. 

16.  And  be  it  enacted ,  That  it  shall  be  the  duty  of  the  said 
Commissioners  to  fix  the  price  which  shall  be  assessed  updn  ^1td11^® and  va* 
each  house  or  other  building,  and  upon  vacant  lots  situated 

upon  streets,  lanes,  alleys  or  courts,  that  have  been  actually 
opened,  or  parts  thereof,  through  or  into  which,  distributing 
pipes  may  be  laid ;  and  such  prices  shall  be  fixed  with  refer¬ 
ence  to  ultimately  paying  from  the  proceeds  thereof,  the  inte¬ 
rest  and  principal  of  “  The  Jersey  City  Water  Scrip’’  afore¬ 
said,  and  the  net  proceeds  of  the  water  rents,  after  paying  all 
expenses  for  maintaining  the  works  and  distributing  the  water, 
and  salaries,  wages  and  incidental  charges,  shall  be  applied  How  applied, 
first  to  the  payment  of  the  interest  upon  the  debt  created  for 
constructing  the  works,  and  next  to  the  purchase  of  the  scrip 
issued  therefor,  if  the  same  can  be  obtained  at  reasonable 
prices,  or  if  that  cannot  be  effected,  then  to  be  safely  invested 
and  allowed  to  remain  as  a  sinking  fund,  to  be  applied  to  the  |nkirwSfundbe  a 
redemption  of  the  scrip  at  its  maturity. 

17.  And  be  it  enacted ,  That  when  the  said  Commissioners  When  works 
shall  certify  to  the  Mayor  and  Common  Council  of  Jersey  City,  hveiy^of*1  water, 

......  r  an  assessment  to 

that  the  works  contemplated  by  this  act,  are  so  far  completed  be  made  annuai- 

that  the  inhabitants  thereof  may  be  regularly  supplied  with  a  on  100  square  feet 

.  .  .of  territory,  until 

sufficient  quantity  of  pure  and  wholesome  water  for  domestic  water  rents  pay 

,  •  interest. 

use,  then  the  Mayor  and  Common  Council  of  Jersey  City  shall 
instruct  the  assessors  of  the  said  city  to  assess  annually  upon 
all  grounds  within  their  limits,  which  are  liable  to  taxation,  a 
special  tax,  at  the  rate  of  two  cents  for  each  one  hundred 
square  feet  of  their  surface;  and  the  said  special  tax  shall  be 
a  lien  upon  the  lands  so  taxed,  in  the  same  manner  as  other 
taxes  assessed  on  real  estate  in  Jersey  City  are  liens,  and  shall 
be  collected  in  like  manner — which  amount  shall  be  collected 
and  applied  to  the  payment  of  interest  upon  the  water  scrip, 
until  the  water  rents  authorized  to  be  collected  by  this  Act, 


54 


Disposal  of  sur 
plus. 


shall  amount  to  a  sum  sufficient  to  pay  such  interest  as  it  ac¬ 
crues  ;  after  which  the  tax  shall  cease  to  be  levied. 

18.  And  be  it  enacted ,  That  when  the  scrip  shall  all  be  paid 
and  cancelled,  so  much  of  the  income  derived  from  the  works 
as  may  be  necessary  therefor,  shall  be  applied  by  the  Commis¬ 
sioners  to  the  payment  of  salaries,  wages,  the  cost  of  repairs, 
and  other  current  expenses  required  for  keeping  the  whole  in 
good  order  and  .successful  operation,  and  making  such  addi¬ 
tions  thereto  as  the  wants  of  the  citizens  may  require ;  and  all 
moneys  remaining,  after  making  the  payments  necessary  for 
the  purposes  above  mentioned,  shall  be  paid  on  the  first  Tues¬ 
day  of  each  and  every  month,  to  the  Treasurer,  of  Jersey  City  ; 
and  such  payments  shall  be  accompanied  by  written  statements, 
showing  the  whole  amount  of  money  received  during  the  pre¬ 
ceding  month,  specifying  from  whom  and  for  what  the  same 
was  received,  and  also  an  account  of  all  moneys  paid  during  the 
month,  specifying  to  whom  and  for  what  they  were  paid,  which 
statement  shall  be  verified  by  the  affidavit  of  the  Clerk  of  the 
Board  of  Commissioners. 

19.  And  be  it  enacted ,  That  a  majority  of  the  said  Commis¬ 
sioners  shall  constitute  a  quorum  for  the  transaction  of  any  bu¬ 
siness  allowed  or  required  by  the  powers  or  duties  of  their 
commission ;  and  all  contracts  and  engagements,  acts  and 
doings  of  the  said  Commissioners,  within  the  scope  of  their 
duty  or  authority,  shall  be  obligatory  upon  and  be  in  law,  con¬ 
sidered  as  done  by  the  Mayor  and  Common  Council  of  Jersey 

Ail  estates,  real,  City:  arid  the  said  Mayor  and  Common  Council,  and  all  real 
bie  for  principal  estate  within  Jersey  City,  and  all  goods  and  chattels  within 

and  interest.  J  J  ° 

said  city,  belonging  to  residents  thereof,  shall  be  liable  for  the 
payment  of  the  principal  and  interest  that  may  become  due  on 
the  scrip  or  bonds  to  be  issued  by  virtue  of  this  act. 

20.  And  be  it  enacted ,  That  the  said  Commissioners  may 
prosecute  or  defend  any  action  or  process,  at  law  or  in  equity, 
by  the  name  of  the  “Water  Commissioners  of  Jersey  City,” 
against  any  person  or  persons,  for  money  due  for  the  use  of 
the  water ;  for  the  breach  of  any  contract,  express  or  implied, 
touching  the  execution  or  management  of  the  works  or  the  dis¬ 
tribution  of  the  water,  or  of  any  promise  or  contract  made  to 
or  with  them ;  and  also  for  any  injury,  or  trespass  or  nuisance, 


A  majority  of 
Commissioners 
a  quorum. 


Water  Commis* 
sioners  may  sue 


55 


done  or  suffered  to  the  water  courses,  pipes,  machinery,  or  any 
apparatus  belonging  to  or  connected  with  any  part  of  the  works* 
or  for  any  improper  use  or  waste  of  the  water ;  and  any  va¬ 
cancy,  or  the  filling  any  vacancy  in  the  Board  of  Commission¬ 
ers,  either  before  or  after  any  cause  of  action  arises,  or  suit  is 
commenced,  shall  not  change  the  right  of  said  Commissioners, 
as  a  body,  to  commence  or  maintain  such  action  or  process  at 
law  or  in  equity  ;  but  in  all  such  cases,  they  shall  be  consider¬ 
ed  from  the  time  of  the  organization  of  the  Board,  as  a.  corpo¬ 
ration. 

21.  And  be  it  enacted ,  That  if  any  person  or  persons  shall  injuring  works  or 

x  <  water,  to  be  sub- 

maliciously  or  wilfully  divert  the  water  or  any  portion  thereof,  Ject  to  damages, 

J  J  *  r  t  and  to  fine  and 

from  the  said  works,  or  shall  corrupt  or  render  the  same  im-  imprisonment, 
pure,  or  shall  destroy  or  injure  any  canal,  aqueduct,  pipe, 
conduit,  machinery  or  other  property,  used  or  required  for 
procuring  or  distributing  the  water,  such  person  or  persons, 
and  their  aiders  and  abettors,  shall  forfeit  to  the  said  Commis¬ 
sioners,  to  be  recovered  in  an  action  of  trespass,  treble  the 
amount  of  damages  which  shall  appear  on  trial  to  have  been 
sustained  ;  and  all  such  acts  are  hereby  declared  to  be  misde¬ 
meanors,  and  the  parties  found  guilty  thereof,  may  be  further 
punished  by  fine  not  exceeding  one  thousand  dollars,  or  by  im¬ 
prisonment  not  exceeding  one  year,  or  both,  at  the  discretion 
of  the  Court. 

22.  And  be  it  enacted ,  That  the  said  Commissioners  shall  Commissioners 

to  plan  a  general 

also  cause  such  surveys  and  examinatie—  to  be  made  as  niavsystemofsewer' 
be  necessary  to  enable  them  to  decide  upon  and  recommend  a 
suitable  plan  for  a  general  system  of  sewers,  for  the  whole  dis¬ 
trict  proposed  to  be  supplied  with  water,  and  adapted  for  drain¬ 
ing  streets,  houses,  yards,  markets,  and  all  other  places  requir¬ 
ing  to  be  drained,  and  shall  estimate  the  probable  cost  of  such  Estimate  coat, 
sewers ;  and  after  such  plan  and  estimates  are  made,  copies 
thereof  shall  be  furnished  to  the  Town  Committee  of  the  town¬ 
ship  of  Hoboken,  and  to  the  Mayor  and  Common  Council  of 
Jersey  City,  for  their  consideration  and  approval  ;  and  if  said  Plan  to  be  ap- 
plan  shall  be  approved,  no  sewer  shall  thereafter  be  construct¬ 
ed,  either  in  Hoboken  or  Jersey  City,  except  in  conformity 

with  the  said  plan,  and  under  the  superintendence  of  the  said  Commissioners 
r  •  .  .  .  to  superintend 

Commissioners,  and  their  engineer  or  inspector  ;  but  the  costworks- 


56 


Assessment. to  be 
made  and  collec¬ 
ted  by  Common 
Council. 


Works  exempt 
from  taxation. 


Land  to  be  assess¬ 
ed  wii  bout  refer¬ 
ence  to  improve¬ 
ments,  by  Water 
Commissioners. 


Ward,  Gregory, 
Bramhall,  Presi¬ 
dent  of  Common 
Council,  and  one 
person  to  be  elec¬ 
ted,  to  be  Water 
Commissioners. 


To  hold  office, 
one  3,  one  4,  one 
5,  and  one  6  years 


Presid’t  of  Board 
ex  officio. 


Election  at  expi¬ 
ration  of  term  of 
office.  , 


Vacancies  filled 
by  Common 
Council. 


Bonds  to  be  givey 


of  such  sewers  shall  be  assessed  and  collected  in  the  same  man¬ 
ner,  and  by  the  same  authority,  as  the  cost  of  sewers  in  those 
places  has  heretofore  been  assessed  and  collected,  or  in  such 
other  way  as  the  Legislature  may  hereafter  direct. 

23.  And  be  it  enacted.  That  any  lands  or  real  estate  in  the 
county  of  Hudson,  taken,  held,  or  occupied  or  used  for  the 
Jersey  City  Water-works,  or  any  of  the  purposes  thereof,  shall 
be  assessed  and  taxed  in  the  said  county,  in  the  manner  pre¬ 
scribed  by  law,  at  the  value  of  the  land,  exclusive  of  any  pipes, 
buildings,  machinery,  or  works  of  any  kind  placed  thereon  ; 
and  the  whole  of  the  said  works,  exclusive  of  the  land,  shall 
be  exempted  from  taxation. 

24.  And  be  it  enacted,  That  John  D.  Ward,  Dudley  S. 
Gregory,  Moses  B.  Bramhall,  the  President  of  the  Board  of 
Aldermen  of  Jersey  City  for  the  time  being,  and  one  person 
to  be  elected  at  the  next  charter  election  held  in  Jersey  City, 
shall  constitute  the  first  Board  of  Water  Commissioners.  The 
said  Commissioners  shall  elect  annually  one  of  their  number 
to  be  President  of  the  Board,  and  shall  determine  by  lot  or 
otherwise,  the  terms  during  which  the  four  of  their  number, 
other  than  the  President  of  the  Board  of  Aldermen,  shall  hold 
their  offices,  and  these  shall  be  as  follows  :  one  of  them  shall 
remain  in  office  three  years,  one  four  years,  one  five  years,  and 
one  six  years — all  to  be  computed  from  the  first  day  of  May 
next  ensuing ;  and  the  President  of  the  Board  of  Aldermen  for 
the  time  being,  shall  ex-officio  always  be  one  of  said  Board. 

25.  And  be  it  enacted,  That  at  the  charter  election  to  be 
held  in  said  city,  in  the  year  eighteen  hundred  and  fifty-five, 
and  every  year  thereafter,  there  shall  be  elected  one  Commis¬ 
sioner,  who  shall  hold  his  office  for  four  years  next  ensuing 
such  election ;  and  any  vacancies  that  shall  occur  in  said  com¬ 
mission,  by  death,  resignation  or  otherwise,  shall  be  filled  by 
the  Common  Council  of  Jersey  City;  but  the  person  or  per¬ 
sons  so  appointed  to  fill  such  vancancy,  shall  hold  his  or  their 
offices  only  for  the  residue  of  the  term  for  which  they  may  be 
appointed  ;  and  each  of  said  Commissioners,  except  the  Presi¬ 
dent  of  the  Board  of  Aldermen,  who  are  appointed  by  this 
act,  or  who  shall  he  elected  or  appointed  under  the  provisions 
of  this  act,  before  entering  upon  the  duties  of  his  office,  shall 
give  a  bond  of  twenty  thousand  dollars,  with  two  good  and  suf- 


/ 


57 


ficient  sureties,  to  the  Mayor  and  Common  Council  of  Jersey 
City,  and  to  be  approved  by  said  Mayor  and  Common  Coun¬ 
cil,  for  the  faithful  performance  of  their  duties  as  such  Com- 
missioners. 

26.  And  be  it  enacted ,  That  the  said  Commissioners  shall  Pay  of  Commi«- 

.  .  .  sioners,  to  he  an- 

be  entitled  to  take  and  receive  out  of  any  moneys  raised  and  nuaiiy  fixed  by 

Common  Council 

appropriated  for  the  construction  of  the  Jersey  City  Water¬ 
works,  such  sum  as  the  Mayor  and  Common  Council  of  Jersey 
City  shall  annually  fix,  in  full  for  their  services,  and  shall  also 
be  repaid  all  reasonable  travelling  expenses  incurred  while 
employed  upon  the  works  ;  and  they  shall  at  their  first  meeting 
after  the  organization  of  the  Board,  fix  and  determine  the  pro¬ 
portions  in  which  the  said  sum  shall  be  paid  to  the  several 
members  thereof,  and  may  at  their  discretion  annually  change 
such  apportionment. 

27.  And  be  it  enacted ,  That  the  Mayor  and  Common  Coun-  Commissioners 

.  ‘  ~  .  .  may  be  removed. 

cil  ot  Jersey  City,  shall  at  any  time  remove  any  Commissioner, 
provided  it  shall  satisfactorily  appear,  after  reasonable  notice 
to  the  parties,  and  hearing  the  causes  of  complaint  and  answers 
thereto,  if  any  shall  be  offered,  that  the  Commissioner  whose 
removal  is  sought,  has  been  guilty  of  such  mal-administration, 
or  such  neglect  of  the  duties  of  his  office,  that  his  removal  will 
be  right  and  proper ;  and  two-thirds  of  all  the  members  elect¬ 
ed  to  the  said  Common  Council  shall  concur  in  such  removal. 

28.  And  be  it  enacted,  That  this  act  shall  be  deemed  a 
public  act,  and  shall  take  effect  immediately. 

Approved  March  25,  1852. 

The  first  Commissioners  are — 

John  D.  Ward,  President,  M.  B.  Bramhall, 

D.  S.  Gregorv,  Tho’s  A.  Alexander, 

With  the  President  of  the  Board  of  Aldermen,  ex  officio. 

The  distance  from  which  the  water  is  to  be  brought  is  as  follows  : — 

From  Passaic  river  (pumping  engine,)  to  Basin,  on  Barbadoes 


Neck,  (an  elevation  of  150  feet,) . .  2.600  ft. 

From  Basin  to  Hackensack  river,  about . . . . .  15,000  ” 

Across  same . . . . . . . . .  1,200  ” 

From  East  side  of  river  to  Reservoir  on  Bergen  hill,  (about 

125  feet  above  tide  at  .Jersey  City,) .  11,000  ” 

From  Bergen  hill  Reservoir  to  Jersey  City  Ferry, .  12,000  ” 

Total  distance,  ( about  7\  miles,) .  41,800  ” 


58 


NAMES 


OF  THE 


PRESIDENTS  OF  THE  BOARDS  OF  SELECTMEN, 

OF  JERSEY  CITY: 

ALSO,  OF  THE  CLERKS  OF  SAID  BOARDS, 

From  1820  to  the  year  1837. 


Presidents  of  Board  of  Selectm  en. 

Clerks. 

1820, 

Joseph  Lyon, 

Joseph  Kissam, 

1821, 

Joseph  Lyon, 

Philip  R.  Earle, 

1822, 

Joseph  Lyon, 

Philip  R.  Earle, 

1823, 

Joseph  Lyon, 

Philip  R.  Earle, 

1824, 

William  Lyon, 

Philip  R.  Earle, 

1825, 

Joseph  Kissam, 

Aa.  Ogden  Dayton, 

1826, 

George  Duramer, 

Robert  Gilchrist, 

1827, 

George  Dummer, 

Robert  Gilchrist, 

1828, 

George  Dummer, 

Robert  Gilchrist, 

1829, 

George  Dummer, 

Peter  McMartin, 

1830, 

George  Dummer, 

Peter  McMartin, 

1831, 

David  C.  Colden, 

Peter  McMartin, 

1832, 

David  C.  Colden, 

Peter  McMartin, 

1833, 

William  Glaze, 

Peter  Bentley, 

1834, 

John  F.  Ellis, 

Edmund  D.  Barry,  Jr. 

1835, 

Robert  Gilchrist, 

William  W.  Munso, 

1836, 

William  Glaze, 

Henrv  D.  Holt, 

1837, 

William  Glaze, 

Henry  D.  Holt, 

59 


NAMES 

OF  THE 

MAYORS  AND  CLERKS  OF  JERSEY  CITY, 

TO  THE  YEAR  1850. 


Mayors. 

Clerks. 

1838, 

Dudley  S.  Gregory, 

Henry  D.  Holt, 

1839, 

Dudley  S.  Gregory, 

Thomas  AV.  James, 

1840, 

Peter  McMartin, 

Henry  D.  Holt, 

1841, 

Dudley  S.  Gregory, 

Henry  D.  Holt, 

1842, 

Thomas  A.  Alexander, 

Henry  D.  Holt, 

1843, 

Peter  Bentley, 

Henry  D.  Holt, 

1844, 

Phineas  C.  Dummer, 

Henry  D.  Holt, 

1845, 

Phineas  C.  Dummer, 

Edgar  B.  AVakeman, 

1846, 

Phineas  C.  Dummer, 

Edgar  B.  AVakeman, 

1847, 

Phineas  C.  Dummer, 

Edgar  B.  AVakeman, 

1848, 

Henry  J.  Taylor, 

John  H.  Vorhees, 

1849, 

Henry  J.  Taylor, 

John  H.  Vorhees, 

1850, 

Robert  Gilchrist, 

John  H.  Vorhees,  and 
George  AV.  Cassedy. 

N  A  M  E  S 

OF  THE 

fljaintmt  nf  tin  'Snmosjjip  (Cnmmittns 

OP  THE  TOWNSHIP  OP  VAN  VORST, 

From  the  organization  of  said  Township  in  the  year  1841. 

AND  ALSO  OF  THE  TOWN  CLERKS  OF  SAID  TOWNSHIP. 


1841, 

1842, 

1843, 

1844, 

1845, 

1846, 

1847, 

1848, 

1849, 

1850, 


Chairmen . 

Cornelius  Van  Vorst, 
Cornelius  Van  Vorst, 
Cornelius  V.  Traphagan, 
Andrew  Anderson, 
Cornelius  V.  Traphagan, 
Andrew  Anderson, 
Andrew  Anderson, 
Barzillai  AV.  Ryder, 
Andrew  Anderson, 
Joseph  Kissam, 


Clerics. 

Stephen  H.  Lutkins, 
Stephen  H.  Lutkins, 
Andrew  Anderson, 
Earl  B.  Sippell, 

E.  W.  Kingsland, 

E.  W.  Kingsland, 

E.  W.  Kingsland, 

E.  W.  Kingsland, 

E.  W.  Kingsland, 

E.  AV.  Kingsland, 


I 


/ 


60 

Jersey  City  and  the  Township  of  Van  Vorst,  were  united 
under  a  city  charter,  and  by  the  name  of  the  city  of  Jersey 
City,  in  the  year  1850;  and  said  city  is  composed  of  four 
wards,  each  ward  electing  four  Aldermen,  holding  office  for 
two  years,  and  two  to  be  elected  in  each  year. 


The  Mayors  and  Clerks  of  said  city  are  as  follows: 


Mayors. 

1851,  Robert  Gilchrist, 

1852,  David  S.  Manners. 


Clerics. 

George  W.  Cassedy, 
George  W.  Cassedy. 


The  names  of  the  persons  composing  the  Common  Council 
of  said  city,  are  as  follows : 

1851. 


First  Ward. 

James  S.  Davenport, 

George  S.  Gardner, 

Joseph  W.  Hancox, 
Alexander  H.  Wallis. 

Second  Ward. 

Stephen  D.  Harrison, 
Alexander  Wilson, 

Justus  Slater, 

David  S.  Manners. 

1853. 

First  Ward. 

Alexander  H.  Wallis, 
George  S.  Gardner, 

James  Narine, 

Frederick  B.  Betts. 

Second  Ward. 

Stephen  D.  Harrison, 
Alexander  Wilson, 

Joseph  G.  Edge, 

John  H.  Lyon. 


Third  Ward. 
Cornelius  P.  Brokaw, 
Edmund  W.  Kingsland, 
George  McLaughlin, 
Cornelius  Van  Vorst,  Jr, 

Fourth  Ward . 

William  Gaul, 

Jonathan  D.  Miller, 
Louis  B.  Cobb, 

Samuel  Wescott. 

m 

Third  Ward. 

Cornelius  P.  Brokaw, 
John  H.  Low, 

Cornelius  Van  Vorst, 
George  Ford. 

Fourth  Ward. 
Jonathan  D.  Miller, 
Henry  Barrow, 
Cornelius  V.  Traphagan, 
Richard  R.  Rappleyea. 


Cljiutei  la  tjje  (fount  anil  /reetialkw  of  Bergen, 

Dated  22d  day  of  September ,  A.  D .  1668. 

This  Deede  Witnesseth  of  Charter  granted  to  the  Towne 
and  Freeholders  of  Bergen,  and  to  the  Vilages  and  Plantations 
thereunto  belonging,  cituated  and  being  in  the  Province  of  New 
Cesarea  or  New-Jersey:  By  Honble.  Capt.  Philip  Carteret 
Esqr.  Governour  of  the  said  Province,  and  his  Counsil  under 
the  Right  Honble.  John  Lord  Berkeley  Barron  of  Stratton, 
and  Sr.  George  Carteret  Knt.  and  Baronet,  the  absolute  Lords 
Proprietors  of  the  same,  Containing  the  Limitts  and  bounds 
of  the  Juridiction  of  the  said  Towne  together  with  the  immu¬ 
nities  and  Priviledges  thereunto  belonging  and  appertaining 
as  followeth — 

Iznprms.  The  Bounds  and  Limitts  of  the  aforesaid  Towne 
and  Corporation  of  Bergen  is  to  begin  at  the  North  end  there¬ 
of,  from  a  place  called  Mordavis  Meadow,  lying  upon  the  West 
side  of  Hudson’s  river,  from  thence  to  run  upon  a  N.  W.  lyne 
by  a  Three  rail  fence  that  is  now  standing  to  a  place  called 
Espat.in,  and  from  thence  to  a  little  Creek  surrounding  N.  N. 
W.  till  it  comes  into  Hackinsack  river,  containing  in  Bredth 
from  the  top  of  the  Hill  1^  miles  or  120  chains,  from  thence 
it  runs  along  the  said  Hackinsack  river  upon  S.  S.  W.  lyne  till 
it  comes  to  the  Point  or  neck  of  Land  that  is  over  against  Stat- 
ten  Island  and  Shooter’s  Island  in  Arthur  Cull  Bay,  contain¬ 
ing  in  length  about  12  miles,  from  thence  to  run  Eastward 
along  the  River  called  Kill  Van  Cull  that  parts  Staten  Island 
and  the  Maine  to  a  point  or  neck  of  Land  called  Constable’s 
Point,  or  Constable’s  houck,  and  from  thence  to  run  up  North¬ 
ward  all  along  the  Bay  up  into  Hudson’s  river  till  it  comes  to 
Mordavis  Meadow  aforesaid  ;  So  that  the  whole  tract  of  upland 
and  Meadow  property  belonging  to  the  Juridiction  of  the  said 
Town  and  Corporation  of  Bergen  is  bounded  at  The  North 
end  by  a  tract  of  Land  belonging  to  Captn.  Nicho.  Verlett 
and  Mr.  Samuel  Edsall.  On  the  East  side  by  Hudson’s 
river,  on  the  South  end  by  the  Kill  Van  Cull,  that  parts 

8 


62 


Staten  Island  and  the  Maine,  and  on  the  West  side  by  Arthur 
Cull  Bay  and  Hackinsack  river,  as  it  is  more  plainer  demon¬ 
strated  by  a  draught  thereof,  made  by  the  Surveyor  General, 
hereunto  annexed  :  The  whole,  both  of  upland  and  Meadows, 
and  Waist  land,  containing  according  to  the  Survey”  11520 
Ares  English  measure;  Which  said  Limitts  and  bounds,  to¬ 
gether  with  all  the  Rivers,  Ponds,  Creeks,  Islands,  Inlets,  Bays^ 
Fishing,  Hawking,  Hunting,  and  all  other  appurtenances  what¬ 
soever  thereunto  belonging  and  appertaining.  The  half  part 
of  Gold©  and  Silver  Mynes,  and  the  Royaltie  of  the  Lords  Pro¬ 
prietors  only  Excepted,  to  continue  and  remain  within  the 
Juridiction,  Corporation  or  Township  of  the  said  Towne  of 
Bergen,  from  the  day  of  the  date  hereof  and  forever  :  The  said 
Corporation  submitting  themselves  to  the  Authority  of  the 
Lords  Proprietors  and  the  Government  of  this  Province.  To 
be  holden  by  them,  the  said  Corporation  or  Towneship,  their 
heirs  and  successors,  as  of  the  Manner  of  East  Greenwich,  in 
free  and  common  Socage. 

2dly.  That  all  the  Freeholders  of  said  Corporation  or 
Towneship  are  hereby  jointly  and  severally  obliged  to  Pay  or 
Cause  to  be  paid  to  the  said  Lords  Proprietors,  their  heires 
and  Successors,  or  to  their  Receivers  General,  within  the  said 
Province,  on  every  25th  day  of  March,  according  to  the  English 
Accompt,  the  sum  of  Fifteen  Pounds  Sterling,  of  good  and 
Lawful  money  of  England,  or  the  Value  thereof,  in  good  and 
Current  pay  of  the  Country,  as  a  Quit  rent  due  to  them  for 
the  whole  said  tract  of  Land  above  mentioned,  in  lieu  of  the 
£d.  Pr.  acre,  mentioned  in  the  Concessions,  which  Payment  is 
to  begin  on  the  25th  day  of  March,  which  shall  be  in  the  Year 
of  our  Lord  1670,  and  so  to  continue  forever,  without  any 
charge  to  the  said  Lords  Proprietors  or  their  Agent;  and  that 
all  Pattents  for  land  herebefore  Granted,  or  to  be  Granted 
within  the  said  Limitts  are  to  be  accompted  upon  the  aforesaid 
Rent  of  Fifteen  Pounds  Sterling  pr.  annum. 

3dly.  That  all  Freeholders  living  and  Inhabiting,  within  the 
said  Juridiction,  Corporation  or  Towneship,  wether  within  the 
said  Towne  of  Bergen,  Comunipau,  Ahassimus,  Minkacque, 
Prenbrepock,  or  upon  any  other  Plantation  within  the  said 
Limitts  shall  be  deemed  and  accompted  for  Freeman  of  the 


03 


sai<l  Corporation  or  Towneship,  and  having  taken  the  oatfi  of 
Aleagance  to  tlio  King,  and  Fidelity  to  the  Lords  Proprietors, 
are  to  have  a  Free  Voice  in  Election,  and  to  Enjoy  All  the 
Rights,  Imunities,  and  Priviledges  hereby  Granted  unto  the 
said  Corporation  or  Towneship. 

4thly.  That  the  Freeholders  aforesaid,  or  the  Major  Part 
of  them,  are  upon  the  Governor’s  Summons  to  make  Choice 
of  two  Deputies  to  Join  with  the  General  Assembly  for  the 
making  of  Laws,  and  Caning  on  the  Public  Affairs  of  the 
whole  Province. 

5thly.  That  the  Freeholders  aforesaid,  or  the  Major  part 
of  them  have  Power  to  chuse  their  owtie  Magistrates  to  be 
assistants  to  the  President  or  Judge  of  the  Court,  and  for  the 
ordering  of  all  Publig  Affaires  within  the  said  Juridiction. 
Provided  that  one  of  the  said  Magistrates  is  to  be  chosen  out 
of  the  Freeholders  of  Minkackque  or  Pembrepock.  They 
have  Power  likewise  to  nominate  their  Justice  or  Justices  of 
the  Peace  and  their  Military  Officers,  Provided  that  the  Jus¬ 
tices  of  the  Peace  and  Military  Officers  are  to  be  aproved  of 
and  commissioned  by  the  Governer. 

Gthly.  That  the  Freeholders  aforesaid,  or  the  Major  Part 
of  them,  have  Power  to  chuse  their  own  Minister  for  the 
preaching  of  the  Word  of  God,  and  the  Administering  His 
Holy  Sacraments,  and  being  so  chosen,  all  Persons,  as  well  the 
Freeholders  as  the  Inhabitants,  are  to  contribute  according  to 
to  their  estates  and  proportions  of  Land  for  his  maintenance 
or  Lay  out  such  a  proportion  of  Land  for  the  Minister,  and 
the  keeping  of  a  Free  School  for  Education  of  Youth  as  they 
shall  think  fit,  which  land  being  once  laid  out  is  not  to  be  alien¬ 
ated  but  to  Remaine  and  continue  forever  from  one  incombant 
to  another,  Free  from  Paying  of  any  hye  Rent,  or  any  other 
Rate  or  Taxes  whatsoever,  notwithstanding  it  shall  and  may 
be  lawful  for  any  perticular  person  or  persones  to  keep  and 
Maintain  any  other  Minister  at  their  own  Proper  Cost  and 
Charges. 

7thly.  That  in  Religious  Concerns  and  the  Way  of  Wor¬ 
shipping  of  God  there  is  Liberty  of  Conscience  Granted  to  all 
Persons  in  Generali,  as  well  to  the  Freeholders  as  to  others 
that  are  or  shall  be  admitted  Inhabitants  within  the  said  Cor- 


p 


64 

poration  or  Towneship,  they  taking  or  Subscribing  tbo  Oath 
of  Aleaganco  to  tbo  King,  and  fidelity  to  the  Lords  Proprie¬ 
tors  and  their  Successors,  and  that  no  Person  whatsoever  shall 
bo  Injured,  Molested,  or  Troubled  for  bis  or  her  difference  in 
opinion  in  matters  of  Religion.  Provided  that  this  Liberty 
Granted  shall  not  extend  to  Licenciousness,  or  the  Distur¬ 
bance  of  others  and  the  Publick  Peace. 

8thly.  That  the  Freeholders  aforesaid  or  the  Major  part  of 
them  have  Power  to  admit  of  their  own  Inhabitants,  and  to 
divide  all  Proportions  of  Land  as  are  within  their  Bounds  and 
Limitts  aforesaid,  that  are  not  already  appropriated  and  Pat- 
tented  by  particular  persons,  before  the  day  of  the  date  hereof, 
According  to  their  Allotments  and  Estates,  as  the  Justices  and 
Magistrates  shall  in  their  Wisdoms  and  Discretions  think  fit, 
which  Lands  being  so  divided,  every  man’s  proportion  is  to 
be  surveyed,  butted  and  bounded  by  the  Surveyor,  and  the 
same  to  be  recorded  by  the  Secretarie  and  Recorder  General 
of  the  Province,  or  by  Eyther  of  them,  which  proportions  and 
Allotments  being  so  Surveyed  and  Recorded  after  two  yeares 
In  possession,  shall  not  bo  subject  to  any  R.esurvey,  nor  Alter¬ 
ations  of  Bounds,  but  shall  remain  according  to  the  first  survey 
for  ever.  And  for  the  better  avoiding  of  all  Frauds  and  Sutes 
at  Law,  all  Mortgages,  Transports,  Sales  and  Leases  for  above 
the  Terme  of  One  Ycarc,  and  all  other  contracts  concerning 
Houses  or  Lands  are  to  be  recorded  by  the  Secretary  as  afore¬ 
said,  for  tho  Neglecting  thereof  all  such  contracts  as  aforesaid 
are  to  bo' void,  and  of  no  Effect  in  Law. 

9thly.  That  all  Lands  and  Meadows  that  are  appropriated 
and  pattented  by  particular  persons  before  the  day  of  ye  date 
of  these  presents  shall  continue  and  remain  unto  them  without 
any  alteration,  unless  the  Proprietors  thereof  will  give  their 
Consent  to  tho  Contrary. 

lOthly.  That  the  Freeholders  and  Inhabitants  of  the  said 
Corporation  shall  have  a  Free  Trade  allowed  them,  and  that 
no  Tax  of  Custome  Excise  or  any  Imposition  whatever  shall 
bo  imposed  on  them  but  such  as  shall  be  levied  by  the  Govern¬ 
or  and  Councill  and  General  Assembly,  for  the  defraying  of 
the  Public  Charges  and  the  Maintainance  of  the  Government. 
And  that  all  Rates  and  Assessments  relating  to  the  said  Cor- 


65 


poration  or  Towneship  shall  ho  rated  and  levied  hy  their  Jus¬ 
tices  and  Magistrates  or  whom  they  shall  appoint. 

lltldy.  That  in  case  of  Invasion  or  Insurrection  by  the 
Indians  or  others,  they  are  mutually,  as  well  the  Freeholders 
as  all  other  Inhabitants,  to  Join  with  all  other  Townes  and 
Plantations  within  the  said  Province  for  the  defence  and  safety 
of  the  Same,  but  no  Warr  to  be  levied  without  the  consent  of 
the  Governor,  Councill  and  Generali  Assembly. 

12thly.  That  all  Freeholders  aforesaid,  or  the  Major  part 
of  them,  have  power  annually  on  every  first  day  of  January, 
or  at  any  other  set  tyme  as  they  shall  appoint,  to  chuse  one  or 
more  Constables  for  the  Public  Service,  which  said  Constable 
or  Constables  are  to  be  sworne  in  their  office  by  the  Justice  of 
Peace  according  to  the  Oath  prescribed. 

13thly.  That  all  the  Freeholders  and  others,  the  Inhabi¬ 
tants  aforesaid,  are  to  submit  themselves  to  the  Laws  and 
Government  of  the  Province,  and  to  swear  or  subscribe  to  the 
Oath  of  Aleagence  to  the  King',  and  Fideliiy  to  the  Lords  Pro- 
*  prietors.  And  in  case  they  or  any  of  them  have  a  desire  to 
remove  and  Transport  themselves  to  any  other  place,  they 
have  liberty#  so  to  do,  and  dispose  of  their  Lands  and  Estates 
to  their  best  Advantages. 

14thly.  That  the  said  Corporation  or  Towneship  have  Power 
to  Errect  and  Ordaine  a  Court  of  Judicature  within  their  own 
Juridiction,  and  for  the  Limitts  thereof  for  the  Tryall  of  all  causes 
Actionable  between  party  .and  party,  from  whence  there  shall 
be  no  Appeal  under  the  Sum  of  Five  Pounds  Sterling,  and 
also  for  the  Tryall  of  all  criminall  and  causes  of  Misdemeanor, 
and  to  Inflict  such  Fines  and  Punishments  as  the  Merit  of  the 
cause  shall  require,  as  by  Imprisonment,  Stocking,  Piloring, 
Ducking,  Branding,  Wipping  not  Exceeding  twenty  stripes, 
and  the  like,  Which  Court  is  to  consist  of  a  President,  who  is 
to  be  a  Justice  of  the  Peace,  and  If  the  Magistrates,  or  any 
two  of  them  at  the  least,  a  Clarke,  and  such  other  officers  as 
they  shall  appoint,  which  said  Magistrates  and  Clarke  are  to 
be  sworne  in  their  offices,  and  the  Clarke  to  be  approved 
bf  by  the  Secretary  General  of  the  Province,  who  is  to 
keep  an  Exact  Record  of  all  actions  that  shall  be  brought 
in  and  tryed  in  the  said  Court,  and  to  give  an  account  thereof 


p 


66 


unto  him  when  thereunto  required  by  the  Governour  and  his 
Council!.  No  Freeholder  is  to  be  arrested  or  detained  a  Pris¬ 
oner  for  debt  until  Judgement  be  passed  and  Execution  grant¬ 
ed,  unless  it  can  be  made  to  appear  that  the  party  has  an  In¬ 
tent  to  defraud  his  Creditors  by  running  out  of  the  Country* 
That  all  persons,  as  well  Freeholders  as  other  Inhabitants,  in 
Case  of  Appeal,  the  Appellant  shall  give  in  security  to  prose¬ 
cute  his  Appeal,  or  stand  to  the  Judgement  of  the  Court.  All 
causes  according  to  the  Laws  of  England  shall  be  be  tried  by 
a  Jury  of  six  or  twelve  men,  and  whomsoever  shall  trouble 
and  molest  his  neighbor,  being  of  the  same  Corporation,  by 
arresting  of  him  and  going  to  Law  in  another  Juridiction,  shall 
be  liable  to  a  Fyne  according  to  the  discretion  of  the  Court. 
The  Justice  or  Justices  of  the  Peace  being  Commissioned  and 
sworne  in  their  office,  have  power  to  Administer  the  oath  of 
Aleagance  and  Fidelitie,  and  all  other  Oaths  that  are  required 
by  the  law,  and  to  issue  out  in  His  Majestie’s  name,  or  in 
whose  name  or  names  It  shall  or  may  hereafter  be  appointed 
by  the  Lawes,  their  Warrants  of  Summons;  and  arrest  within 
the  li mitts  and  Juridiction  of  the  said  Corporation  or  Towne- 
ship,  directing  the  same  to  the  Constable,  Marshall,  or  what 
other  Officer  or  Officers  the  said  Corporation  shall  in  their  dis¬ 
cretion  think  fit  to  appoint  for  that  Service,  who  are  to  put  the 
same  in  Execution  accordingly,  and  also  to  Issue  out  their 
Warrants  for  the  apprehending  of  all  Malefactors  and  Runa¬ 
way  es,  and  to  prosecute  them  by  way  of  Hugh  and  Cry,  and 
to  do  all  such  thing  and  things  by  their  authority  according  to 
Law  and  Justice  as  may  conduce  to  the  Peace  and  well 
Government  of  the  said  Province,  Corporation  and  Towneship. 
Provided  that  all  Fynes  are  to  be  disposed  of  for  Charitable 
or  public  uses.  It  is  to  be  noted  that  whereas  it  is  said  in  the 
Eight  article  that  all  Morgages,  Transports,  Sales  and  Leases 
of  Land  are  to  be  recorded  by  the  Secretary,  they  are  first  to 
be  acknowledged  before  the  Governor  or  a  Justice  of  the 
Peace  by  the  Granter,  or  by  two  good  Sufficient  Witnesses, 
Attested  on  the  backside  of  the  aforesaid  deed,  which  is  a 
Warrant  for  the  Secretary  to  record  the  same. 

In  Confirmation  of  the  premises,  Wee  the  said  Governor 
and  the  Councill  have  hereunto  set  our  hands  the  22nd  day  of 


Septembr.  1G68,  and  the  20th  year  ot*  the  Reigu  of  our  Sovn. 
Lord,  Charles  the  Second  of  England,  Scotland,  France  and 
Ireland,  King,  Defender  of  the  Faith,  &c  :  and  the  Seale  was 
placed  by  consent  before  signing. 

“PH.  CARTERETT, 

Robert  Vanguellen,  Ni.  Varlett,  Samuel  Edsall, 
Robert  Bond,  William  Pardon,  James  Bollen,  Secretary 
and  of  the  Council. 


STATE  OF  NEW  JERSEY: 

Slit  let  to  Sttcoijjorate  “  Cj)e  loeuciateo  of  ttie 

Seriietj  Coiiijuituj.” 

Whereas  it  is  represented  to  this  Legislature,  that  Richard 
Varick,  Jacob  Radcliff,  and  Anthony  Dey,  have  become 
the  proprietors,  by  purchase,  from  Cornelius  Van  Vorst,  of  all 
that  certain  tract  or  parcel  of  land  and  meadow,  situate,  lying 
and  being  in  the  township  of  Bergen,  county  of  Bergen,  and 
State  of  New  Jersey,  commonly  called  Powles’  Hook  ;  bound¬ 
ed  on  the  east  by  Hudson’s  River;  on  the  North  by  said  river, 
or  the  bay  commonly  called  Horsimus  Bay;  on  the  South  by 
said  river,  or  the  bay  commonly  called  Communipau  Bay;  and 
on  the  West  by  a  line  drawn  from  a  stake,  standing  on  the  West 
side  of  the  small  creek,  on  the  Southwest  side  of  the  said  tract, 
(from  which  stake,  the  flag  staff  on  Ellis’s  Island  bears  South, 
one  degree  twenty  minutes  East,  and  from  which  the  chimney 
of  the  house  of  Stephen  Vreeland,  on  Kay  wan,  bears  South, 
fifty-six  degrees  ten  minutes  West,  and  from  which  the  steeple 
of  the  Bergen  Church  bears  North,  fifty  degrees  twenty-five 
minutes  West ;)  North  twenty-six  degrees  thirty  minutes,  East 
to  Horsimus  Bay  aforesaid  :  Together  with  the  right  of  Ferry 
from  the  said  tract  or  parcel  of  land,  across  Hudson’s  River 
and  elsewhere,  and  the  right  and  title  of  said  Cornelius  Van 
Vorst,  under  the  water  of  the  Hudson  River,  and  the  bays 
aforesaid,  opposite  the  said  premises,  as  far  as  the  right  of  the 


68 


said  Cornelius' Van"  Vorst  extends.  And  whereas  it  is  repre¬ 
sented,  that  the  .said  Richard  Variek,  Jacob  RadclifF,  and  An¬ 
thony  Dey,  have  divided  all  the  said  premises  into  one  thou¬ 
sand  original  shares,  and  have,  by  certain  articles  of  agree¬ 
ment, '•associated  and  become  associates  in  interests  with  divers 
other  persons  in  the  said  shares,  and  the  said  associates  having 
presented  a  petition  to  the  Legislature,  praying  to  be  incorpo¬ 
rated  for  the  purposes  hereinafter  contained,  and  such  prayer 
appearing  reasonable  : 

§  1.  Be  it  therefore  enacted  by  the  Council  and  General  Assem¬ 
bly  of  this  State,  and,  it  is  hereby  enacted  by  the  authority  of  the 
same,  That  the  said  Richard  Variek,  Jacob  Radcliff,  and  An¬ 
thony  Dey,  and  the  said  other  persons  interested  with  them  in 

0 

the  said  premises  as  aforesaid,  shall  be,  and  hereby  are  consti- 
Corporate  namo.  tuted  a  body  corporate,  by  the  name  and  style  of  “  The  Asso¬ 
ciates  of  the  Jersey  Company,”  and  by  that  name  shall  be 
known  in  law,  and  have  power  to  sue  and  be  sued,  and  to  de¬ 
fend  and  be  defended  in  all  courts  of  law  and  equity,  and  in 
all  actions  and  matters  whatsoever,  and  may  have  a  common 
seal,  and  renew  and  alter  the  same  at  their  pleasure,  and  by 
General  powers,  the  same  name  shall  be,  and  hereby  are  made  capable  in  law, 
to  have,  hold,  purchase  and  enjoy  to  them  and  their  successors, 
lands,  tenements,  and  hereditaments,  goods,  chattels  and  effects, 
of  what  nature  or  kind  soever,  and  the  same  to  grant,  demise, 
alien  or  dispose  of  at  pleasure,  for  the  benefit  of  the  said  asso¬ 
ciates  and  their  legal  representatives,  in  proportion  to  their 
Hold  real  estate,  respective  shares  as  aforesaid  :  Provided,  That  the  lands,  tene¬ 
ments  and  hereditaments,  which  it  shall  be  lawful  for  the  said 
corporation  to  hold,  shall  only  be  the  said  tract  and  premises 
herein  before  described,  with  the  privileges  and  appurtenances 
aforesaid,  and  such  as  shall  have  been  bonafide  mortgaged  to 
the  said  corporation  by  way  of  security,  or  conveyed  to  it  by 
way  of  satisfaction,  for  debts  previously  contracted,  or  pur¬ 
chased  at  sales  ypon  judgments  which  shall  have  been  obtain¬ 
ed  for  such  debts. 

§  2.  Be  it  further  enacted ,  That  the  said  associates  and  their 
Tolay  out Btrcets  successors,  shall  have  power  to  make  and  lay  out  all  streets 
and  squares  upon  all  and  every  part  of  the  said  premises,  and 
to  establish  such  as  have  already  been  laid  out,  and  from  time 


69 


to  time  to  regulate  the  same,  and  to  direct  and  govern  the  lev¬ 
elling,  pitching  and  constructing  of  the  said  streets,  and  the 
raising  and  the  levelling  of  all  lots  and  grounds  for  buildings, 
as  well  public  as  private;  and  to  order  and  regulate  the  build-  To  regulate  the 
ing  of  all  docks,  piers  and  wharves,  and  all  store-houses  and  docks,  &c. 
buildings  thereon,  and  generally  to  make  such  by-laws,  orders  Make  by-laws, 
and  regulations,  touching  all  and  singular  the  said  matters,  not 
inconsistent  wilh  the  constitution  and  laws  of  this  State,  and  of 
the  United  Slates,  as  to  them  shall  appear  proper  and  neces¬ 
sary,  and  to  enforce  the  same  by  any  penalty  or  penalties  which 
they  may  prescribe  or  direct,  for  any  breach  or  offence  against 
the  same,  not  exceeding  twenty-five  dollars  for  anyone  offence^ 
to  be  sued  for  and  recovered  in  any  court  of  this  State  having 
cognizance  thereof,  in  the  name  of  the  said  corporation,  and 
for*  the  use  and  benefit  of  the  said  company :  Provided ,  That  Proviso, 
the^powers  granted  by  this  section  shall  cease,  whenever  the 
Legislature  shall  deem  it  expedient  to  institute  a  more  adequate 
and  complete  corporation  for  the  purposes  above  expressed. 

§  3.  And  be  it  further  enacted ,  That  the  said  associates  shall  Build  docks,  dec, 
have  the  privilege  of  erecting  or  building  any  docks,  wharves 
and  piers,  opposite  to  and  adjoining  the  said  premises  in  Hud¬ 
son’s  River  and  the  bays  thereof,  as  far  as  they  may  deem  it  * 

necessary  for  the  improvement  of  the  said  premises,  or  the 
benefit  of  commerce,  and  to  appropriate  the  same  to  their 
own  use. 

And  whereas  it  is  represented,  That  the  legal  title  of  all  and 
singular  the  said  premises,  is  now  vested  in  the  said  Richard 
Varick,  Jacob  Radcliff,  and  Anthony  Dey,  in  trust  for  them¬ 
selves  and  the  said  other  persons  associated  with  them  as  afore¬ 
said,  and  it  is  represented  to  the  Legislature,  that  the  purchase 
of  the  same  from  the  said  Cornelius  Van  Vorst,  his  heirs  and 
assigns,  an  annuity  of  six  thousand  dollars  by  a  mortgage  of 
the  said  premises,  payable  in  quarter  yearly  payments,  from 
and  after  the  first  day  of  May  next,  and  that  the  said  Cornelius 
Van  Vorst  will  not  consent  to  any  other  security  for  the  same, 
nor  accept  a  principal  sum  adequate  to  the  annual  product 
thereof,  but  hath  lately,  for  himself,  his  heirs  and  assigns,  cove- 


*  The  Legislature  has  since 
expressed. 


established  a  corporation  for  the  purposes  above 

9 


70 


i 

4 

Shall  sell  lots. 

Reserve  annual 
rent. 

Pay  annuity. 


nanted  to  accept  from  tlie  purchasers  of  lots  in  the  stwd  tract, 
their  heirs  and  assigns,  the  ground  rents  charged  on  the  same 
by  the  associates,  towards  the  payment  of  the  said  annuity 
upon  certain  terms  and  conditions  agreed  upon  by  him  and 
them,  and  that  on  payment  of  the  same  to  him,  his  heirs  and 
assigns,  such  lots  shall  he  discharged  from  any  further  respon¬ 
sibility  on  account  of  the  said  annuity  : 

And  whereas  it  is  represented,  That  the  said  associates  have 
proceeded  to  make  valuable  improvements  on  the  said  premi¬ 
ses,  and  are  desirous  to  sell  and  dispose  of  a  part  of  the  same, 
for  the  purpose  of  further  settling  and  improving  the  same,  and 
to  provide  by  means  of  such  ground  rents,  an  ample  fund  for 
the  payment  of  the  said  annuity,  and  the  security  of  purchas¬ 
ers,  and  to  vest  the  whole  of  the  said  premises  in  the  said  cor¬ 
poration  :  And  whereas,  The  seft-Tbment  and  improvements* 
so  made  and  intended  to  he  made,  promise  to  be  of  essential 
advantage  to  the  commercial  interests  of  this  State  : 

§  4.  Be  it  therefore  further  enacted.  That  it.  shall  be  lawful  for 
the  said  Richard  Varick,  Jacob  Radcliff,  and  Anthony  Dey, 
their  heirs  and  assigns,  to  grant  and  convey  all  and  singular 
the  said  premises,  with  the  privileges  and  appurtenances  there¬ 
to  belonging,  to  the  said  corporation  and  their  successors  and 
assigns,  in  trust  for  the  said  associates,  and  that  the  said  corpo¬ 
ration  and  their  successors  shall,  in  convenient  and  reasonable 
time,  proceed  to  sell  and  dispose  of  so  massy  of  the  lots  laid 
out,  or  to  be  laid  out  on  the  said  premises,  charging  each  lot 
so  sold  with  a  reasonable  and  annual  value  as  shall  produced* 
the  aggregate  by  means  of  the  rents  so  reserved,  a  sufficient 
fund  for  the  annual  payment  of  the  said  annuity,  or  such  part 
thereof  as  shall  remain  due  and  unextinguished,  and  that  such 
fund,  or  such  part  thereof  as  shall  be  necessary  for  that  pur¬ 
pose,  shall,  in  the  first  instance,  be  applied  yearly  and  every 
year  to  the  payment  of  the  said  annuity,  or  so  much  thereof  as 
shall  be  due  and  unextinguished,  and  that  the  surplus  of  such 

%  t 

rents  in  each  year  only,  if  there  be  any,  shall  be  divided  among 
the  said  associates,  or  their  legal  representatives,  until  the  said 
annuity  shall  be  released  or  extinguished  ;  and  in  case  the  same 
shall  at  any  time  be  released  or  extinguished  in  part,  that  then 
a  rateable  proportion  ;  and  if  released  or  extinguished  in  the 
whole,  then  the  whole  of  the  said  fund  arising  or  to  arise  from 


the  said  rents,  shall  be  divided  or  otherwise  disposed  of  among 
the  said  associates  or  their  legal  representatives,  as  a  majority 
in  interest  shall  direct,  in  proportion  to  the  number  of  the  said 
shares  held  by  them  respectively. 

§  5.  And  be  it  further  enacted,  That  all  contracts  heretofore  Contracts 
made  for  the  sale  of  any  of  the  said  lots  by  the  said  Richard  associates. 
Varick,  Jacob  Radcliff,  and  Anthony  Dey,  or  in  any  way  con¬ 
cerning  the  premises  or  the  improvement  of  the  same,  shall  be 
assumed  and  performed  by  the  said  corporation. 

§  6.  And  be  it  further  enacted ,  That  the  said  associates  and  Election, 
their  successors  shall,  and  may,  on  the  second  Monday  of  l)e- 
cembeifnext,  and  on  the  first  Monday  of  November  in  every 
year  thereafter,  elect  nine  of  their  number  to  be  the  trustees 
of  the  said  company,  who,  or  a  majority  of  whom,  shall  have 
power  to  manage  and  conduct  the  affairs  of  the  said  corpora¬ 
tion,  by  the  name  and  style  herein  above  mentioned,  and  to 
sell  and  dispose  of  the  said  premises  in  manner  aforesaid,  and 
to  exercise  all  the  powers  granted  to  the  said  corporation  by 
this  act  under  the  regulations  and  restrictions  herein  contained, 
and  to  make  rules  and  regulations  for  the  government  of  their 
own  board,  and  the  time  and  mode  of  transacting  business 
therein,  and  to  appoint  all  necessary  officers  and  agents  for  Appoint  officers, 
the  purposes  intended  by  this  act,  and  that  the  first  election  of 
such  trustees  be  held  at  Powles’  Hook  aforesaid,  under  the 
direction  of  William  S.  Pennington,  Silas  Condit,  and  Alexan¬ 
der  C.  M’Whorter,  or  a  majority  of  them,  as  the  inspectors  of 
such  election,  and  every  subsequent  election,  under  the  direc¬ 
tion  of  three  inspectors,  or  any  two  of  them,  to  be  appointed 
by  the  existing  trustees,  for  that  purpose,  who  shall  give  notice  Thirty  days’  no¬ 
in  one  or  more  of  the  public  newspapers  printed  in  this  State, 
and  one  or  more  of  the  public  newspapers  printed  in  the  city 
of  New  York,  at  least  thirty  days  previous  to  every  such  elec¬ 
tion,  of  the  day  and  place  of  such  election,  and  the  hours  during 
which  the  same  will  be  held ;  at  which  elections  the  said  asso¬ 
ciates  shall  elect  the  said  trustees  by  ballot,  and  that  each  asso-  Election  by 
ciate  may  vote  at  such  election,  in  person  or  by  proxy,  and 
shall  be  entitled  to  one  vote  for  each  share  he  shall  hold  in  the 
said  company ;  and  the  trustees  so  elected,  shall  enter  upon 
their  offices  on  the  first  Monday  thereafter  in  each  year,  or  as 


72 


I 


soon  after  as  they  can  conveniently  be  sworn  into  office,  and 
shall  continue  in  office  for  one  year  from  and  after  the  time  last 
mentioned,  and  until  others  shall  be  elected  and  sworn  in  their 
stead,  and  the  persons  above  named,  for  the  purpose  of  con¬ 
ducting  the  said  first  election,  and  the  inspectors  to  be  appoint¬ 
ed  as  aforesaid,  for  every  subsequent  election,  shall  respect¬ 
ively  be  the  judges  of  such  elections,  and  a  decision  of  them, 
or  a  majority  of  them  respectively,  shall  be  conclusive  as  to 
the  right  of  suffrage  of  any  elector  who  shall  offer  himself  to 
vote  in  his  own  right,  or  by  proxy,  at  such  election,  and  the  said 

Inspectors  inspectors,  or  a  majority  of  them  respectively,  shall  determine 

certify  persons  1  ^  1  ^ 

elected  trustees,  and  certify  the  persons,  who,  by  a  plurality  of  votes,  shall  be 

elected  trustees  as  aforesaid,  which  certificate  shall  entitle 
every  person  so  certified  to  be  elected,  to  be  qualified,  and  to 
act  as  a  trustee  for  the  succeeding  year ;  and  each  inspector, 
before  be  enters  upon  the  execution  of  bis  duty  as  such,  shall 
Take  oath  take  an  oath  or  affirmation,  as  the  case  may  be,  that  he  will 
well  and  truly ,  and  according  to  the  best  of  his  knowledge ,  execute 
the  duty  of  an  inspector  of  such  election ,  which  oath  or  affirma¬ 
tion  the  said  inspeciors  are  hereby  authorized  and  empowered 
to  administer  to  each  other  respectively. 

Trustees  to  take  §  7.  And  be  it  further  enacted,  That  the  trustees  so  to  be 
elected,  shall,  before  they  enter  upon  their  respective  offices, 
severally  take  and  subscribe  an  oath  or  affirmation,  as  the  case 
may  be,  well  and  faithfully  to  execute  the  trusts  reposed  in  them 
by  this  act,  according  to  the  best  of  their  skill  and  understanding, 
which  oath  or  affirmation  may  be  made  before  any  judge  of 
the  Supreme  Court,  or  of  any  inferior  court,  or  before  any 
justice  of  the  peace  within  this  State,  who  are  hereby  severally 
authorized  and  required  to  administer  the  same,  and  in  case 
incase  of  death  of  the  death,  resignation,  or  refusal  to  act,  of  any  person  so 

&c.,  trustees  ap-  .  .  . 

point.  elected,  it  shall  be  lawful  for  the  remaining  trustees,  by  a  ma¬ 

jority  of  votes,  to  appoint  another  in  his  stead. 

Deputy  clerk,  §  8.  And  be  it  further  enacted.  That  the  clerk  of  the  county 
of  Bergen  shall  appoint  a  deputy,  who  shall  be  sworn  as  such, 
and  reside  and  keep  an  office  at  some  place  within  the  district 
of  country  formerly  distinguished  by  the  name  of  Island  of 
Horsimus,  and  which  includes  Powles’  Hook,  and  which  island 
is  constituted  and  surrounded  by  a  certain  creek  called  the 


Creek  of  the  Woods,  or  Horsimus  Creek,  and  shall  keep  a 

proper  book  or  books  for  the  recording  of  all  deeds,  mortga-  Record  deeds, 

•  tSr  c  • 

ges,  and  other  writings  wdiich  may  hereafter  be  made  or  exe¬ 
cuted,  relating  to  any  real  estate  situated  within  the  said  dis¬ 
trict  or  any  part  thereof,  and  all  deeds,  mortgages,  and  other 
writings  relating  to  any  such  real  estates,  being  proved  or 
acknowledged  as  the  same  are  required  to  be  proved  or  ac¬ 
knowledged  by  the  laws  of  this  State,  for  the  purpose  of 
recording  or  registering  the  same,  and  being  recorded  or  reg¬ 
istered  in  the  said  book  or  books,  shall  be  as  valid  and  effec¬ 
tual  in  the  law  as  if  the  same  were  recorded  or  registered  in 
the  Clerk’s  office  of  the  said  county  of  Bergen,  and  it  shall  bo 
the  duty  of  such  deputy  so  to  record  or  register  the  same, 
and  the  said  clerk  of  the  said  county  shall  be  held  respon¬ 
sible  for  the  conduct  of  every  such  deputy  to  be  appointed 
by  him,  and  be  entitled  to  the  like  fees  as  in  other  cases  for  Fees, 
the  like  services:  Provided  always,  That  no  deed,  mortgage,  Proviso, 
or  other  instrument  in  writing,  respecling  and  containing  land 
not  situated  within  the  district  aforesaid,  shall  be  recorded  in 
the  office  hereby  established. 

§9.  And  be  it  further  enacted,,  That  the  said  shares  of  the  Shares  personal 
said  associates,  in  ihe  said  premises,  shall  be  deemed  and  con¬ 
strued  to  be  personal  estate,  and  shall  be  transferable  by  them, 
their  executors,  administrators,  or  assigns,  and  the  said  trustees 
may  prescribe  the  mode  in  which  such  transfers  shall  be  made, 
in  a  book  or  books  to  be  provided  for  that  purpose,  and  the 

said  associates  shall  be  liable  to  contribute  in  proportion  to  Trustees  contri- 
.  .  .  .  i  o  tot  on'  bute  to  fulfilment 

their  respective  shares,  to  the  iulhiment  oi  all  the  contracts,  of  contracts,  &c. 

and  to  all  the  charges  and  expenses  already  made  or  incurred 
on  account  of  the  said  premises,  since  the  purchase  of  the  same 
as  aforesaid,  from  the  said  Cornelius  V an  Vorst,  and  upon  every 
transfer  of  any  share  or  shares  hereafter  to  be  made,  the  sub¬ 
sequent  holder  of  the  same  shall  in  like  manner  be  liable  to 
contribute  for  the  same  to  all  charges  and  expenses,  which 
shall  accrue  on  account  of  the  said  premises  during  the  time 
he  shall  hold  such  share  or  shares  only,  and  also  to  the  pay¬ 
ment  of  the  said  annuity  during  such  time  and  no  longer,  and 
such  share  or  shares  shall  be  liable  for  the  payment  of  such 


74 


Proviso. 


Sales  at  auction, 
free  of  duty,  <fcc. 


contributions,  and  on  failure  thereof,  for  the  space  of  six 
months  after  a  demand  made  of  such  payment,  shall  be  for¬ 
feited  to  the  said  company  :  Provided  however ,  That  the  said 
trustees  shall  not  make  or  incur  any  further  expenditures  on 
account  of  the  said  premises,  without  the  consent  of  a  majority 
of  the  holders  of  the  said  shares  in  interest. 

§  10.  And  be  it  further  enacted,  That  all  sales  at  auction 
to  be  made  at  Powles’  Hook,  and  the  said  Island  of  Hor- 
simus,  shall  be  free  from  any  duty  to  be  imposed  by  this 
State  for  the  period  of  fourteen  years  from  the  passing  of 
this  act. 

Council  Chamber,  November  10th,  1804. 

This  re-engrossed  bill  having  been  read  and  compared, 

Resolved l,  That  the  same  do  pass. 

By  order  of  Council,  / 

JOSEPH  BLOOMFIELD,  President. 

House  of  Assembly,  November  10,  1804. 

This  re-engrossed  bill  having  been  read  and  compared, 

Resolved,  That  the  same  do  pass, 

By  order  of  the  Blouse, 

JAMES  COX,  Speaker. 

* 

I,  John  Beatty,  Secretary  of  the  State  of  New  Jersey,  do 
certify,  that  the  foregoing  is  a  true  copy,  taken  from  the  origi¬ 
nal  Act,  remaining  on  file  in  the  Secretary’s  office  for  the  said 
State.  Given  under  my  hand,  at  the  city  of  Trenton,  this  13th 
day  of  November,  in  the  year  1804. 

JOHN  BEATTY. 


In  Set  to  KncnifDifltt  ttje  Cifij  nf  Kerseij, 

IN  THE  COUNTY  OP  BERGEN. 

Passed  the  28th  of  January ,  1820. 

§  1.  Be  it  enacted  by  the  Council  and  General  Assernbly  of this 
State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That  all  Bounds, 
that  portion  of  the  township  of  Bergen,  in  the  county  of  Ber¬ 
gen,  now  owned  by  the  Jersey  Associates,  formerly  called 
Powles*  Hook,  and  which  is  constituted  and  surrounded  by  a 
certain  ditch  as  the  boundary  line  between  the  Jersey  Associ¬ 
ates  and  the  lands  of  Cornelius  Van  Vorst,  deceased,  on  the 
west  and  northwest,  and  by  the  middle  of  the  Hudson  river 
and  the  bay  surrounding  all  the  other  parts  of  the  same  ;  and 
the  freeholders  and  other  inhabitants  thereof,  and  now  and 
hereafter  residing  within  the  same,  shall  be,  and  from  hence¬ 
forth  shall  continue  to  be,  a  coporation  and  body  politic  in  incorporated, 
name  and  in  fact ;  and  shall  be  known  as  such  by  the  name  and 
description  of  “  Jersey  City,”  and  by  that  name  the  said  free¬ 
holders  and  other  inhabitants  shall  have  perpetual  succession, 
and  be  capable  of  suing  and  being  sued  in  all  actions  and  suits 
at  law  and  equity,  as  occasion  may  require. 

§  2.  And  be  it  enacted ,  That  the  said  corporation  or  body  Seal, 
politic,  hereby  created,  may  have  a  common  seal,  which  may 
be  renewed  or  altered  from  time  to  time  by  the  persons  who 
shall  conduct  the  affairs  thereof,  as  after  mentioned. 

§  3.  And  be  it  enacted ,  That  for  the  conducting  of  the  affairs  Board.* of  Seiect- 
of  the  said  corporation,  the  freeholders  and  other  taxable  in-  chosen, 
habitants  shall  annually  choose,  at  an  election  to  be  held  for 
that  purpose,  and  by  ballot,  five  freeholders,  being  inhabitants 
within  the  bounds  of  the  said  corporation,  to  conduct  the  affairs 
thereof,  which  election  shall  be  annually  held  at  some  public 
and  convenient  places  within  the  bounds  of  the  said  corporation, 
on  the  first  Monday  of  September  in  every  year,  and  until 
others  are  chosen  ;  that  the  persons  so  to  be  chosen  shall  be 
denominated  “  The  Board  of  Selectmen  of  Jersey  City,”  and 
shall  enter  upon  the  duties  of  their  office  on  the  Tuesday  next 


76 


The  first  board 
appointed. 


Powers  of  the 
hoard. 


Powers  of  the 
board  confined  to 
certain  subjects. 


succeeding  their  election,  at  which  time  they  shall  choose,  from 
amongst  themselves,  by  a  majority  of  votes,  one  person  to  be 
president,  and  some  fit  person  to  be  their  clerk,  whose  business 
it  shall  be  to  record  their  proceedings  and  to  do  such  other 
acts  as  he  shall  be  required  to  do  by  the  board. 

§  4.  And  be  it  enacted ,  That  from  and  after  the  passing  of 
this  act,  and  until  the  first  Monday  in  September  next,  Doctor 
John  Condit,  Samuel  Cassedy,  Joseph  Lyon,  John  K.  Good¬ 
man  and  John  Seaman,  shall  perform  the  duties  required  by 
this  act,  and  until  others  are  chosen  in  their  stead ;  and  if  any 
person,  chosen  one  of  the  said  board,  shall  happen  to  die,  re¬ 
sign  or  remove  out  of  the  bounds  of  the  said  corporation,  with¬ 
in  the  period  for  which  he  shall  be  chosen,  so  that  his  seat  is 
vacated,  such  vacancy  shall  be  filled  by  some  other  freeholder, 

to  be  chosen  by  the  remaining  members  of  the  board,  until 

• 

the  next  annual  election  shall  be  held. 

§  5.  And  be  it  enacted ,  That  the  Board  of  Selectmen  shall 
be,  and  are  hereby  empowered,  by  a  majority  of  votes,  to  pass 
all  such  necessary  ordinances  as  may  be  found  requisite  and 
convenient  for  the  exercise  of  the  powers  hereby  vested  in  said 
board,  and  to  appoint  the  necessary  officers,  agents  and  servants, 
to  carry  the  same  into  effect,  and  to  impose  reasonable  penal¬ 
ties  for  the  breach  or  non-observance  of  the  same  ;  Provided 
such  ordinances  be  not  inconsistent  or  contrary  to  the  Consti¬ 
tution  or  legislative  acts  of  this  State,  or  of  the  United  States, 
and  all  such  penalties  shall  be  sued  for  and  recovered  in  any 
court  having  cognizance  thereof,  in  the  name  -of  said  board ; 
and  the  members  thereof,  and  all  other  corporators,  shall 
be  competent  witnesses  in  every  such  action  or  suit,  and  such 
penalties,  when  recovered,  shall  be  kept  an  account  of,  and 
shall  be  applied  by  the  said  board  to  compensate  their  offi¬ 
cers,  agents  or  servants,  for  their  services,  or  any  other  public 
purpose,  but  not  otherwise. 

§  6.  And  be  it  enacted ,  That  the  powers  to  be  exercised  by 
the  Board  of  Selectmen,  and  the  subjects  and  matters  respect¬ 
ing  which  they  may  pass  and  enforce  ordinances,  shall  be  the 
following,  and  those  only;  that  is  to  say,  relating  to  the  com¬ 
mons  or  public  grounds,  streets,  highways  and  alleys  therein, 


\ 


0 


77 


and  removing  and  preventing  obstructions  therein,  and  the  en¬ 
closing  or  otherwise  improving  such  commons  or  public 
grounds,  relating  to  public  markets  within  the  corporation,  re¬ 
lating  to  weights  and  measures,  to  the  inspection  and  measure¬ 
ment  of  fire- wood,  and  the  weight  and  prices  of  bread,  and  to 
prevent  fixing  any  poles  for  fishing  or  any  obstructions  where¬ 
by  the  lives  of  the  inhabitants  are  endangered,  or  the  naviga¬ 
tion  of  the  river  obstructed  ;  relating  to  the  running  at  large, 
or  restraining  from  so  doing,  horses,  cattle,  swine,  or  other 
beasts  or  fowl ;  relating  to  the  lighting  the  streets,  highways 
or  alleys  ;  relating  to  night-watch,  fire-engines,  engine  houses, 
and  the  extinguishment  of  fires  ;  and  relative  to  whatever  may 
concern  the  good  government  of  the  said  corporation,  and  the 
orderly  conduct  of  the  inhabitants  and  others  within  the  same, 
so  far  as  regards  the  public  peace  and  tranquility  of  the 
same. 

§  7.  And  be  it  enacted,  That  the  said  corporation  shall  not  Relates  to  impo- 

«  •  sjno-  tftx  *?s. 

impose  any  tax  on  the  inhabitants  thereof,  for  any  purpose 
whatever,  without  the  previous  consent  of  a  majority  of  the 
freeholders  and  taxable  inhabitants  who  may  attend  and  vote 
respecting  the  same,  at  a  public  meeting  to  be  convened  for 
that  purpose,  on  reasonable  notice  being  given  or  advertised 
by  the  Board  of  Selectmen. 

S  8.  And  be  it  enacted ,  That  as  this  corporation  is  made  and  Powers 

3  .  .  reserved, 

instituted  from  public  policy,  the  power  of  altering  and  annull¬ 
ing  the  same  is  hereby  reserved,  and  that  nothing  granted  by 
this  act  shall  interfere  with  any  of  the  powers  or  rights  granted 
to  the  Jersey  Associates. 


) 


10 


► 


78 


Boundaries. 


Style  of  corpora¬ 
tion. 

General  powers. 

Qualification  of 
voters. 


\ 


STATE  OF  NEW  JERSEY  : 

3tt  Set  tu  IStttatjJorrit  tjjc  City  nf  %mtyr 

IN  THE  COUNTY  OF  BERGEN, 

AND  TO  REPEAL  THE  FORMER  ACT. 

Passed  January  23,  1829. 

§  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  this 
State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  all 
that  part  of  the  township  of  Bergen,  formerly  called  Powles* 
Hook,  bounded  on  the  west  by  a  certain  ditch,  running  be¬ 
tween  the  lands  of  the  Associates  of  the  Jersey  Company  and 
those  late  of  Cornelius  Van  Vorst,  deceased,  and  by  the  mid¬ 
dle  of  the  Hudson  river,  and  the  bays  surrounding  all  the  other 
parts  of  the  same  ;  and  the  freeholders,  and  other  inhabitants 
thereof,  or  who  hereafter  may  reside  within  the  same,  shall 
be,  and  hereby  are,  created  and  made  a  corporation  or  body 
politic,  in  fact  and  in  name,  and  shall  be  known  as  such,  by 
the  name  and  style  of  “  The  Board  of  Selectmen  and  Inhabi¬ 
tants  of  Jersey  City,”  and  by  that  name  shall  have  perpetual 
succession,  be  capable  of  suing  and  being  sued,  pleading  and 
being  impleaded,  in  all  suits  at  law  and  in  equity,  as  occasion 
may  require,  and  shall  have  a  common  seal,  which  may  be 
renewed  or  altered  from  time  to  time,  at  pleasure. 

§  2.  And  be  it  enacted,  That,  for  the  conducting  the  affairs 
of  the  said  corporation,  the  freeholders  and  other  taxable  white 
male  inhabitants,  being  citizens  of  the  United  States,  and  hav¬ 
ing  resided  for  one  year  immediately  before  any  election  at 
which  they  may  offer  to  vote  within  the  bounds  of  the  said  cor¬ 
poration,  shall  choose,  at  an  election  to  be  held  for  that  pur¬ 
pose,  and  by  ballot,  seven  white  male  inhabitants,  who  shall 
be  citizens  of  the  United  States,  freeholders  within  said  bounds, 
and  shall  have  resided  therein  for  one  year  immediately  before 
such  election,  a  majority  of  whom  shall  be  a  quorum,  and  may 
transact  business,  by  not  less  than  four  concurring  votes ;  which 


79 


election  shall  he  annually  held,  at  some  public  and  convenient  Election  annual, 
place  within  the  aforesaid  bounds,  on  the  first  Monday  of  Sep¬ 
tember  in  every  year;  and  the  persons  so  chosen,  shall  enter 
upon  the  duties  of  their  office  on  the  Tuesday  next  succeeding 
their  election,  and  shall  continue  in  offide  for  one  year  there-  officers  chosen 

f  *  . ,  ,  ..  for  one  year. 

after,  and  until  others  are  elected  and  shall  enter  upon  the 

duties  of  their  office  :  and  if  any  person,  at  any  time  elected  vacancies,  how 
one  of  the  Board  of  Selectmen,  shall  happen  to  die,  resign,  re¬ 
move  out  of  the  bounds  of  said  corporation,  or  become  other¬ 
wise  disqualified,  within  the  period  for  which  he  shall  have 
been  elected,  so  that  his  seat  is  vacated,  such  vacancy  shall 
be  filled,  until  the  next  annual  election,  by  some  other  duly 
qualified  person,  to  be  chosen  by  the  remaining  members  of 
the  board  :  and  every  member  of  the  Board  of  Selectmen,  Oaths  of  office, 
shall,  before  he  enters  upon  the  duties  of  his  office,  make  oath 
or  affirmation  before  some  judge  of  the  Court  of  Common 
Pleas,  or  justice  of  the  peace  of  the  county  of  Bergen,  well  and 
faithfully  to  execute  the  trust  reposed  in  him,  as  one  of  the 
Board  of  Selectmen  of  Jersey  City,  according  to  the  best  of 
his  skill  and  ability  ;  which  oath  or  affirmation  shall  be  reduced 
to  writing,  and  shall  be,  by  the  secretary  of  the  said  board,  filed 
with  their  papers. 

§  3.  And  be  it  enacted ,  That  the  Board  of  Selectmen  shall  inspectors of 

election. 

before  every  annual  election,  appoint  three  freeholders,  being 
residents  within  the  bounds  of  said  corporation,  and  citizens 
of  the  United  States,  and  not  members  of  the  said  board,  to  be 
inspectors  of  the  succeeding  election,  any  two  of  whom  may 
act;  which  inspectors  shall  have  written  notice  of  their  ap¬ 
pointment,  by  the  secretary  of  said  board :  and  in  case  any 
person  or  persons  so  appointed,  shall  neglect  or  refuse  to 
serve,  the  board  shall  have  power  to  fill  the  vacancy  :  and  the 
said  board  shall  cause  notice  to  be  given,  by  advertisements  Public  notice  of 
set  up  in  at  least  three  public  places  within  said  bounds,  and 
at  least  ten  days  before  each  annual  election,  of  the  time  and 
place  where  the  ensuing  election  shall  be  held  :  and  the  free¬ 
holders,  so  appointed,  shall  attend  at  the  place  assigned  for 
that  purpose,  judge  of  the  qualifications  of  every  person  offer¬ 
ing  to  vote  at  such  election,  and  receive  the  votes  of  such  as 
shall  offer  and  be  found  qualified ;  shall  count  the  votes,  and 


/ 


80 


Board  to  choose 
president. 


Treasurer  and 
secretary, 
duties  of. 


certify,  in  writing,  who  are  the  persons  elected  by  the  greatest 
number  of  votes  ;  which  certificate  shall  be  entered  on  record, 
in  the  minutes  of  said  board,  and  shall  be  conclusive  evidence 
of  who  are  chosen  to  compose  the  Board  of  Selectmen  for  the 
ensuing  year. 

§  4.  And  be  it  enacted ,  That  at  the  first  meeting  of  the  Board 
of  Selectmen,  after  each  annual  election,  they  shall  choose,  from 
among  themselves,  one  person  to  be  their  president,  whose  duty 
it  shall  be  to  preside  at  the  board  when  convened  for  the  trans¬ 
action  of  business;  and  in  the  absence  of  the  president,  they 
shall,  at  any  meeting  of  the  board,  choose  some  other  member 
Special  meetings,  to  be  president  pro  tempore  :  and  it  shall  be  the  duty  of  the 
president,  or  president  pro  tempore,  as  the  case  may  be,  on 
the  request,  in  writing,  of  any  two  members  of  the  board,  to 
call  special  meetings,  or  the  board  may  meet  on  their  own 
adjournments  :  and  the  board  shall,  at  the  first,  or  any  subse¬ 
quent  meeting,  appoint  one  fit  person,  not  a  member,  to  be 
treasurer :  and  all  draughts  on  the  treasurer  shall,  by  order  of 
the  board,  be  signed  by  the  president,  or  president  pro  tem¬ 
pore,  as  the  case  may  be,  which  order  shall  be  entered  in  the 
minutes  :  and  the  board  shall  also  appoint  some  fit  person,  not 
a  member,  to  be  their  secretary,  whose  duty  it  shall  be  to  re¬ 
cord  their  proceedings,  and  to  do  such  other  acts  as  may  pro¬ 
perly  be  required  of  him :  and  the  board,  in  order  to  carry 
their  ordinances  or  by-laws  into  complete  effect,  shall  appoint 
an  officer,  to  be  denominated  or  called  the  city  marshal,  who 
shall,  within  the  bounds  of  said  corporation,  in  criminal  cases, 
and  in  all  cases  for  breach  of  the  peace,  or  for  breach  or  non- 
observance  of  the  by-laws  or  ordinances  of  the  Board  of  Select¬ 
men,  have  the  same  power,  and  be  entitled  to  the  same  fees 
for  his  services,  and  shall  be  liable  to  the  same  penalties  for 
neglect  of  duty  as  constables  are,  or  may  be  by  the  laws  of  the 
State  of  New  Jersey  :  and  said  marshal  shall,  before  he  enters 
on  the  duties  of  his  office,  take  and  subscribe,  before  some  jus¬ 
tice  of  the  peace  of  the  county,  an  oath  or  affirmation,  well  and 
faithfully  to  execute  the  duties  of  the  said  office :  and  all,  or 
either  of  the  three  officers  last  above  mentioned,  may  be  re¬ 
moved  by  the  board,  and  others  appointed  in  their  places  :  and 
Further  powers  the  board  may  also  annually  appoint,  on  such  terms  and  under 

*f  the  beard. 


City  marshal. 


Powers  and 
duties. 


Take  oath. 


81 


Buch  regulations  as  they  shall  deem  proper  and  reasonable,  all 
such  other  agents,  officers  and  servants,  including  harbor  mas¬ 
ters,  measurers  of  grain,  weigh-masters,  cullers  of  staves  and 
heading,  auctioneers,  inspectors  of  beef  and  pork,  pot  and 
pearl  ashes,  and  lumber,  as  they  shall  find  necessary  or  conve¬ 
nient  :  and  the  board  shall  also  have  the  exclusive  right  of 
licensing,  annually,  such  and  so  many  cartmen,  draymen,  and 
porters,  tavern-keepers,  inn-holders,  victuallers,  sutlers,  and 
retailers  of  spirituous  liquors,  within  said  bounds,  also  on  such  ♦ 
terms,  and  under  such  regulations  as  they  shall  deem  proper 
and  reasonable  :  and  the  Board  of  Selectmen  shall  cause  all 
their  proceedings  to  be  entered  on  record,  which  record  shall 
be  accessible  at  all  reasonable  times,  to  all  persons  interested 
therein. 

§  5.  And  be  it  enacted.  That  the  freeholders  and  other  inhabi-  Certain  persons 

and  property 

tants,  and  the  property  of  non-residents  within  the  bounds  of  exempt  from 
*  r  J  _  road  tax. 

said  corporation,  shall  hereafter  be  exempted  from  all  taxes, 
impositions  or  assessments,  for  or  on  account  of  making  or  re¬ 
pairing  the  public  roads  beyond  said  bounds:  Provided,  that 
the  said  corporation  shall,  at  all  times,  make  and  keep  in  good 
repair  the  public  roads  within  said  bounds  :  And  provided  also , 
that  the  inhabitants  of  all  that  part  of  the  township  of  Bergen, 
without  the  aforesaid  bounds,  and  their  propeity,  and  the 
property  of  non-residents  therein,  shall  hereafter  be  exempted 
from  all  taxes,  impositions,  or  assessments,  for  or  on  account  of 
making  or  repairing  the  public  roads  within  the  bounds  of  said 
corporation. 

§  6.  And  be  it  enacted ,  That,  to  enable  the  board  of  Select-  Board  “ay  raise 

J  money. 

men  to  carry  into  effect  the  ordinances  or  by-laws  that  may 
be  by  them  from  time  to  time  enacted  and  passed,  and  to  re¬ 
munerate  any  officer,  agent  or  servant,  for  his  or  their  services, 
the  said  board  shall  be,  and  they  are  hereby  authorized,  from 
time  to  time,  to  impose  and  raise  money,  by  tax,  upon  the 
freeholders  and  other  taxable  inhabitants,  and  on  the  property 
of  non-residents ;  but  such  tax  shall  not  exceed  the  sum  of  three 
hundred  dollars  within  any  one  year,  commencing  on  the  day 
after  each  annual  election,  when  the  freeholders  elected  Select¬ 
men  for  the  ensuing  year  shall  enter  upon  the  duties  of  their 
office  :  and  no  money  exceeding  the  said  sum  of  three  hundred 


82 


May  purchase 
real  estate  and 
■erect  public 
buildings. 


Provio . 


Pass  bylaw?. 


dollars  shall  be  raised  by  tax  by  the  said  corporation,  or  under 
authority  thereof,  within  any  one  year,  as  aforesaid,  unless  with 
the  consent  of  a  majority  of  the  freeholders  and  other  taxable 
inhabitants  who  may  attend  a  public  meeting  for  the  purpose 
of  considering  the  subject ;  and  of  which  meeting  not  less  than 
ten  days  previous  notice  shall  be  given,  by  advertisements  set 
up  in  at  least  three  public  places  within  the  bounds  of  said 
corporation  :  and  such  consent,  if  obtained,  shall  be  certified 
by  at  least  three  freeholders,  who  shall  have  been  appointed 
by  the  Board  of  Selectmen,  for  the  purpose  of  ascertaining  the 
sentiments  of  the  inhabitants  thereon  ;  and  a  copy  of  such  cer¬ 
tificate  shall  be  entered  in  the  minutes  of  the  said  board,  and 
such  entry,  certified  by  the  secretary  of  said  board  to  be  a  true 
copy  of  such  certificate,  shall  be  sufficient  evidence  of  the  fact. 

§  7.  And  be  it  enacted,  That  the  corporation  or  body  politic 
hereby  created,  and,  by  the  name  and  style  aforesaid,  may  pur¬ 
chase,  or  otherwise  acquire,  any  real  or  personal  estate,  and 
may  erect  and  maintain  any  such  building  or  buildings  within 
the  limits  of  the  same,  as  shall  be  found  necessary  or  conven¬ 
ient  for  the  transaction  of  business,  or  for  the  exercise  of  the 
powers  and  privileges  conferred  by  this  act,  or  any  future  act 
of  the  Legislature,  and  may  alienate,  or  otherwise  dispose  of 
any  such  estate  as  may  be  found  convenient  or  occasion  shall 
require  :  Provided  always,  that  no  real  estate  shall  be  purchas¬ 
ed,  for  money  or  other  valuable  consideration,  by  the  said  cor¬ 
poration  or  body  politic,  without  the  previous  consent  of  a  ma¬ 
jority  of  the  corporators  entitled  by  this  act  to  vote  at  the  elec¬ 
tion  for  Selectmen,  who  may  attend  a  meeting  or  meetings  to 
be  held  for  the  purpose  of  obtaining  such  consent,  on  public 
notice  being  given  of  such  meeting  at  least  ten  days  previous 
thereto ;  and  such  consent,  if  obtained,  shall  be  certified  by  at 
least  three  freeholders  chosen  for  that  purpose  by  the  persons 
assembled  to  vote  ;  and  a  copy  of  such  certificate  shall  be  en¬ 
tered  in  the  minutes  of  the  Board  of  Selectmen,  and  such  entry 
certified  by  the  secretary  of  said  board  to  be  a  true  copy  of 
said  certificate,  shall  be  conclusive  evidence  of  the  fact. 

§  8.  And  be  it  enacted,  That  the  Board  of  Selectmen  are 
hereby  empowered  to  pass  and  enforce  all  such  by-laws  and 
ordinances  as  may  be  found  expedient  to  carry  into  effect  the 


if 


S3 

powers  hereby  granted  to  the  said  corporation  or  body  politic, 
and  to  impose  reasonable  penalties  for  the  breaches  or  for  the 
non-observance  thereof,  so  that  no  penalty  shall  exceed  the 
sum  of  twenty-five  dollars  for  any  one  offence  :  Provided ,  that  Proviso, 
such  by-laws  or  ordinances  be  not  contrary  to  the  Constitution 
or  legislative  acts  of  this  State  or  of  the  United  States  :  and 
all  penalties  inflicted  by  the  by-laws  or  ordinances  of  the  Board 
of  Selectmen,  may  be  sued  for  and  recovered  by  action  of  debt, 
in  any  court  having  jurisdiction  thereof,  in  the  name  of  “  The 
Board  of  Selectmen  and  Inhabitants  of  Jersey  City,”  and  ap¬ 
plied  to  the  use  of  the  said  corporation  :  and  members  of  the 
the  said  board,  and  all  other  inhabitants  within  the  bounds  of 
said  corporation,  not  otherwise  legally  disqualified,  shall  be 
competent  witnessess  in  all  such  cases. 

§  9.  And  be  it  enacted ,  That  the  powers  to  be  exercised  by  Further  powers 
.  of  the  board,  &c. 

the  corporation  hereby  created,  and  the  subject  matters  respect¬ 
ing  which  the  Board  of  Selectmen  may  pass  and  enforce  by¬ 
laws  or  ordinances  within,  the  limits  thereof,  shall  be  the  fol¬ 
lowing,  and  those  only,  that  is  to  say :  relating  to  the  public 
roads,  streets,  and  highways;  the  digging  out,  filling  up  and 
regulating  the  same,  and  preventing  nuisances,  and  obstruct¬ 
ions  therein,  and  to  the  enclosing  or  otherwise  improving  the 
public  gounds ;  relating  to  the  public  markets  for  the  sale  of 
provisions;  the  measurement  and  inspection  of  fire-wood,  and 
other  fuel;  the  weighing  and  inspection  of  hay;  the  weight 
and  prices  of  bread,  having  regard  to  the  materials  of  which  it 
is  made ;  the  lighting  the  public  roads,  streets,  or  highways, 
and  the  preservation  of  the  means  used  for  that  purpose ;  the 
providing  and  regulating  a  night  watch,  and  erecting  and  main¬ 
taining  a  watch-house,  if  it  shall  be  judged  necessary,  for  the 
greater  security  of  persons  and  property;  relating  to  fire  en¬ 
gines,  engine-houses,  and  other  implements  for  extinguishing 
fires,  and  the  government  of  fire  companies  ;  and  also  to  all  pre¬ 
cautionary  and  other  measures  for  preventing  as  well  as  ex¬ 
tinguishing  fires;  relating  to  weights  and  measures,  to  public 
wells,  pumps  and  cisterns,  and  the  use  and  preservation  there¬ 
of;  to  slaughter-houses,  distilleries,  or  whatever  else  shall  be, 
or  may  become  public  nuisances  ;  to  the  running  at  large,  or 
restraining  from  so  doing,  of  hoi'ses,  cattle,  swine,  or  other  an- 


\ 


/ 


Selectmen  , 
conservators 
of  the  peace. 


84 

imals,  and  geese  and  other  fowls ;  relating  to  whatever  may  con¬ 
cern  the  orderly  conduct  of  the  inhabitants,  sojourners,  appren¬ 
tices,  servants  and  slaves,  residing  or  being  within  the  limits 
aforesaid  ;  relating  to  the  setting  up,  or  fixing  any  pole  or 
poles  for  fishing  in  the  waters  within  the  limits  of  the  said  cor¬ 
poration,  whereby  the  lives  of  persons  may  be  endangered,  or 
the  navigation  obstructed;  relating  to  all  acts  of  public  inde¬ 
cency,  such  as  bathing  or  swimming  in  the  waters  within  the 
limits  aforesaid*  in  sight  of  the  inhabitants,  in  open  day,  and 
other  indecent  exposure ;  relating  to  the  establishment  of  quar¬ 
antine  regulations,  and  to  all  other  acts,  measures  and  things,  for 
the  preservation  of  the  health  of  the  inhabitants  against  pestil¬ 
ential  diseases,  whether  foreign  or  domestic ;  relating  to  the 
anchoring  and  mooring  of  vessels  within  the  waters  of  said 
city ;  to  wharves  and  rates  of  wharfage ;  to  the  equitable  assess¬ 
ments  of  taxes,  authorized  by  this  act,  and  the  collection  thereof; 
to  the  compensation  or  pay  of  all  such  agents,  officers  and  ser¬ 
vants,  cartmen,  draymen  and  porters,  and  others,  not  herein 
before  provided  for,  as  the  Board  of  Selectmen  shall  find  it 
necessary  or  convenient  from  time  to  time  to  appoint  or  license ; 
relating  to  the  preservation  of  trees  in  any  of  the  streets,  roads, 
or  other  public  grounds ;  relating  to  fines  and  penalties  on  per¬ 
sons  elected,  or  appointed  to  office  by  virtue  of  this  act,  who, 
holding  such  office,  shall  neglect  or  refuse  to  execute  the  du¬ 
ties  thereof,  when  properly  required  so  to  do;  and  relative 
also,  to  all  such  other  acts,  matters,  and  things  not  herein  before 
provided  for,  as  the  preservation  of  the  peace,  the  proper  ob¬ 
servance  of  the  by-laws  or  ordinances  of  the  Board  of  Select¬ 
men,  and  the  reasonable  security  of  the  persons  and  property 
!'of  inhabitants  and  others  within  said  limits,  may  require. 

§  10.  And  be  it  enacted ,  That  the  persons  composing  the 
Board  of  Selectmen,  shall  be,  ex-officio,  conversators  of  the 
peace  within  the  bounds  of  said  corporation,  and  for  that  pur¬ 
pose  shall,  jointly  and  severally,  have  authority  to  cause  all  per¬ 
sons  to  be  brought  before  them,  or  either  of  them,  for  breach 
of  the  peace,  or  for  disturbing  the  public  tranquility  :  and  shall 
have  power  to  proceed  in  such  cases,  and  in  other  criminal 
cases,  requiring  immediate  attention,  in  the  same  manner  as 
justices  of  the  peace  are,  or  may  be  empowered  to  do,  by  the 
laws  of  the  State  of  New  Jersey. 


r 


65 


§11.  And  be  it  enacted ,  That  the  act  entitled,  “An  act  to  in- 
coporate  the  city  of  Jersey,  in  the  county  of  Bergen,”  passed 
the  twenty-eighth  day  of  January,  eighteen  hundred  and  twenty, 
be,  and  the  same  is  hereby  repealed  :  Provided  nevertheless ,  Proviso, 
that  such  repeal  shall  not  render  ineffectual  any  thing  lawfully 
done  under  said  act ;  And  provided  also,  that  the  present  Board 
of  Selectmen  shall  be,  and  continue  in  office  until  the  first 
Tuesday  in  September  next,  and  until  others  shall  be  elected, 
agreeably  to  the  provisions  of  this  act,  and  shall  have  entered 
upon  the  duties  of  their  office  :  And,  whereas ,  the  said  corpo¬ 
ration  is  created,  and  the  powers  by  this  act  conferred,  are  in¬ 
tended  for  the  public  welfare  :  Therefore  be  it  further  enacted,.  Legislature  may 
that  the  Legislature  hereby  reserves  the  right  of  repealing,  or  repea1, 
modifying  the  provisions  of  this  act,  from  time  to  time,  and  in 
such  manner  as  the  public  welfare  may  require. 


A  SUPPLEMENT  TO  THE  ACT  ENTITLED 

let  to  ^ncnrjiorate  tj)t  Citij  of  3Ser0c§, 

IN  THE  COUNTY  OF  BERGEN. 

Passed  the  23 d  of  January,  1829. 

§  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  this  Assessments 

#  may  be  made 

State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That 
it  shall  be  lawful  for  the  Board  of  Selectmen  and  inhabitants 
of  Jersey  City,  to  assess  the  real  estate  in  said  city,  for  the 
improvements  made  in  regulating  the  streets,  alleys  and  lanes 
therein,  and  in  paving,  flagging  and  gravelling  the  same;  and 
the  amount  of  all  assessments  which  shall  be  made  and  author¬ 
ized  by  the  said  board  for  the  costs  and  expenses  of  such  regula¬ 
ting,  paving,  flagging  arid  gravelling,  shall  be  and  remain  a  lien 
upon  such  property  as  shall  be  improved  and  assessed  from 
the  time  of  the  completion  of  the  assessment  by  the  board  for 
the  regulating,  paving,  flagging  and  gravelling  the  same,  until 
paid. 


11 


86 


Lots  thay  be 
leased  by  corpo- 
ration. 


Conditions  on 
which  property 
may  be  redeem¬ 


ed. 


Selectmen  to  give 
notice. 


Sale  may  be  post¬ 
poned. 


Lots  must  be  sur¬ 
rendered. 


§  2  And  be  it  enacted ,  That  on  the  return  of  the  collector 
of  the  board  of  any  unpaid  assessment,  it  shall  be  lawful  for 
the  said  board  to  lease  the  lot  or  lots  so  assessed  and  unpaid, 
at  public  auction,  to  such  person  or  persons  who  will  take  the 
same  at  the  shortest  period  of  time,-  and  pay  such  assessment 
and  all  charges  and  interest  thereon,  due  at  the  time  of  such 
sale:  Provided ,  notice  be  first  given  in  one  or  more  news¬ 
papers  published  in  the  county  of  Bergen,  and  by  a  notice  put 
up  at  three  of  the  most  conspicuous  places  in  said  city,  for 
at  least  sixty  days,  of  the  time  and  place  of  such  sale,  describ¬ 
ing  the  property  assessed,  and  the  amount  due  thereon. 

§  3.  And  be  it  enacted ,  That  such  property  may  be  redeem¬ 
ed  within  two  years  from  the  day  of  the  sale,  on  the  payment 
of  the  amount  of  such  sale  to  the  treasurer  of  said  board,  with 
interest  from  the  day  of  such  sale,  at  the  rate  of  twenty  per 
cent,  per  annum,  for  the  benefit  of  the  purchaser. 

§  4.  And  be  it  enacted ,  That  all  taxes  and  assessments  paid 
thereon  by  the  lessee,  within  the  said  period  of  two  years 
allowed  for  the  redemption,  shall  also  be  paid  by  the  person 
or  persons  redeeming  the  same,  and  at  the  same  time,  to  said 
treasurer,  with  interest,  at  the  rate  of  twelve  per  cent,  per 
annum,  for  the  benefit  of  such  lessee. 

§  5.  And  be  it  enacted ,  That  said  board  shall  give  public 
notice,  in  manner  mentioned  in  the  second  section  of  this  sup¬ 
plement,  for  six  months  immediately  preceding  the  expiration 
of  the  period  of  redemption  of  such  sale,  describing  the  pro¬ 
perty  unredeemed,  and  stating  the  amount  of  such  sale,  and 
time  the  lease  will  be  complete,  unless  redeemed  by  the  pay¬ 
ment  of  the  purchase  money  and  all  charges  thereon. 

§  6.  And  be  it  enactedt  That  the  day  of  sale  may  be  post¬ 
poned  from  time  to  time,  or  suspended,  as  the  Board  of  Select¬ 
men  may  deem  expedient. 

§  7.  And  be  it  enacted ,  That  the  said  term  of  years  of  any 
lot  or  lots  so  leased,  as  aforesaid,  shall  not  commence  until  the 
time  for  the  redemption  of  the  same  has  expired,  and  the  said 
lessee  shall,  at  the  expiration  of  the  said  lease,  quit  and  sur¬ 
render  the  said  premises,  and  the  improvements  so  made,  in 
as  good  state  and  condition  as  when  he  entered  thereon,  natural 
wear  and  accidents  excepted. 


8? 


§  8.  And  be  it  enacted ,  That  the  said  board  be,  and  they  are  Grounds  may  b* 

purchased  for  & 

hereby  empowered  to  acquire  by  purchase,  or  other  lawful  public  square, 
mode,  the  grounds  situate  between  Grand  and  Sussex  streets, 
in  the  city  of  Jersey,  and  on  the  east  side  of  Washington 
street,  and  to  appropriate  the  same  for  the  purpose  of  a  public 
square,  and  upon  such  acquisition  and  appropriation  of  the 
said  grounds,  it  shall  be  lawful  for  them  to  vacate  the  present 
public  square,  and  to  sell  the  same  in  lots  or  otherwise  for  the 
use  of  the  inhabitants  of  said  place,  and  to  make  good  and 
sufficient  deeds  of  conveyance  therefor :  Provided  nevertheless 
that  the  acts  and  doings  of  the  said  board  in  relation  to  the 
powers  granted  in  this  section,  shall  be  of  no  effect  unless  the 
same  be  sanctioned  and  approved  by  a  majority  of  the  corpo¬ 
rators,  in  manner  prescribed  in  the  proviso  to  the  seventh 
section  of  the  act  to  which  this  is  a  supplement. 

Passed  March  8,  1836. 


State  of  New  Jersey: 

Hn  Set  to  Kttroipnmte  Sersq  Citq. 

§  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  Boundaries 
this  State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same , 

That  all  that  part  of  the  township  of  Bergen,  formerly  called 
Powles’  Hook,  bounded  on  the  west  by  a  certain  ditch,  run¬ 
ning  between  the  lands  of  the  Associates  of  the  Jersey  Com¬ 
pany  and  others,  and  the  lands  late  of  Cornelius  Van  Vorst, 
deceased,  and  by  the  middle  of  the  Hudson  river,  and  the  bays 
surrounding  all  the  other  parts  of  the  same,  and  all  the  inhab¬ 
itants  within  the  limits  aforesaid,  be,  and  hereby  are  ordained, 
constituted  and  declared  to  be  from  time  to  time,  and  forever 
hereafter,  one  body  corporate  and  politic,  in  fact  and  in  name, 
by  the  name  of  the  “  Mayor  and  Common  Council  of  Jersey  corporate  name. 
City/’  and  that  by  that  name,  they  and  their  successors  forever, 
shall  and  may  have  perpetual  succession,  and  shall  be  persons 
in  law  capable  of  sueing  and  being  sued,  pleading  and  being  General  power*. 


88 


A  township. 


May  hold  real  and 
personal  estate. 


Vested  with  all 
lands,  heredita¬ 
ments,  rights. 


Mayor, aldermen, 
clerk,  &c. 


Presiding  officer; 
time  and  place  of 
meeting  of  Com¬ 
mon  Council. 


impleaded,  answering  and  being  answered  unto,  defending 
and  being  defended  in  all  courts  and  places  whatsoever,  in  all 
manner  of  actions,  suits,  complaints,  matters,  and  causes  what¬ 
soever;  and  also  shall  have  all  the  rights  and  privileges  of  a 
separate  township  of  this  State:  and  that  they  and  their  suc¬ 
cessors  may  have  a  common  seal,  and  alter  the  same  at  their 
pleasure,  and  also  by  their  corporate  name  aforesaid,  shall  be 
in  law  capable  of  purchasing,  holding,  and  conveying  any 
estate,  real  or  personal,  for  the  public  use  of  the  said  corpora¬ 
tion,  and  that  the  said  Mayor  and  Common  Council  of  Jersey 
City,  and  their  successors,  shall,  by  virtue  of  this  act,  become 
and  be  absolutely  and  completely  vested  with,  possess  and 
enjoy  all  the  lands,  tenements,  hereditaments,  property,  rights, 
claims  and  demands,  causes  of  action  and  estate  whatsoever, 
both  in  law  and  in  equity,  in  possession,  reversion  or  remainder, 
which,  at  the  time  of  the  passage  of  this  act,  are  vested  in  or 
belong  to  the  inhabitants  of  that  part  of  the  township  of  Ber¬ 
gen,  formerly  called  Powles’  Hook,  in  their  corporate  capacity 
as  now  incorporated,  by  the  name  of  the  “Board  of  Select¬ 
men  and  inhabitants  of  Jersey  City,”  according  to  such  estate 
and  interest  as  the  Board  of  Selectmen  and  inhabitants  of 
Jersey  City  at  the  time  of  the  passage  of  this  act  have  or  of 
right  ought  to  have  in  the  same  :  Provided ,  that  nothing  in  this 
act  contained,  shall  affect  any  suit  or  suits  now  pending  in  the 
name  of  the  Board  of  Selectmen  and  inhabitants  of  Jersey 
City. 

§  2.  And  be  it  enacted ,  That  there  be,  and  forever  hereafter 
there  shall  be,  in  and  for  said  city,  one  mayor,  ten  aldermen, 
one  clerk,  one  treasurer,  one  collector,  one  marshal,  one  as¬ 
sessor,  and  three  constables. 

§  3.  And  be  it  enacted ,  That  the  Mayor  and  Aldermen  of 
the  said  city,  shall  constitute  and  be  called  the  Common  Coun¬ 
cil  of  the  said  city  ;  and  that  the  said  Common  Council  shall  be 
summoned  and  held  at  such  times  and  places  in  the  said  city 
as  they  may  appoint;  and  the  Mayor  shall  preside  at  the 
meetings  of  the  Common  Council,  and  have  a  casting  vote 
only,  and  if  he  be  absent,  one  of  the  aldermen  may  be  ap¬ 
pointed  by  the  members  present,  chairman  pro  tem.,  and  a 
majority  of  the  whole  number  of  the  Common  Council  shall 


be  a  quorum  to  transact  business  ;  arid  it  shall  be  the  duty  of  Special  meetings, 
the  said  mayor  to  call  special  meetings  of  the  said  Common 
Council,  and  in  case  of  his  neglect  or  refusal  to  call  such 
meeting,  then  it  shall  be  lawful  for  any  three  members  of  the 
Common  Council  to  call  any  meeting  or  meetings  of  the  said 
Common  Council,  at  such  time  or  place  as  they  shall  designate 
or  appoint  in  writing. 

§  4.  And  be  it  enacted ,  That  an  election,  by  ballot,  shall  be  First  election 
held  on  the  second  Monday  in  April  next,  and  on  the  second  Annuai'eiecMion 
Monday  of  April  in  every  year  thereafter,  at  such  place  as  the  Apni°ndayin 
Common  Council  shall  appoint,  of  which  place  the  Common  Place  of  election. 
Council  shall  cause  public  notice  in  writing,  to  be  set  up  in  Noticeofeiection 

...  v'  to  be  published 

five  of  the  most  public  places  in  said  city,  and  to  be  published  ten  days. 

in  one  or  more  of  the  newspapers  printed  or  circulated  in  said 

city,  for  at  least  ten  days  previous  to  the  day  of  such  election, 

at  which  election  one  mayor,  ten  aldermen,  one  clerk,  one  officers  to  be 

elected. 

assessor,  one  collector,  three  constables,  one  judge  of  election, 
three  commissioners  of  appeal  in  cases  of  taxation,  two  school 
committee-men,  two  persons  to  be  chosen  freeholders,  two 
persons  to  be  surveyors  of  highways,  shall  be  annually  chosen 
and  elected  in  said  city,  from  among  the  citizens  residing  there¬ 
in,  and  entitled  to  vote  at  such  election  ;  but  no  person  shall  be  To  be  citizens 

.  .  ,  .  ,  r  .  one  year  and 

elected  or  serve  as  mayor,  aldermen,  assessor, judge  or  election,  freeholders, 
chosen  freeholder,  or  surveyor  of  the  highways,  unless  he  shall 
be  a  bona  fide  freeholder  within  said  city,  and  shall  have  resi¬ 
ded  therein  at  least  one  year  immediately  preceding  said  elec¬ 
tion,  and  shall  be  a  citizen  of  the  United  States,  and  of  this 
State  ;  at  which  elections,  the  judge  of  the  election,  the  assess¬ 
or  and  collector  shall  be  the  judges  or  inspectors ;  that  the  poll  Poll  opened, 
of  such  election  shall  be  opened  at  ten  o’clock  in  the  forenoon, 
and  closed  at  seven  in  the  evening,  and  that  all  persons  who  by  Who  may  vote, 
law  are  or  may  be  qualified  to  vote  at  town  meetings  in  this 
State,  shall  be  entitled  to  vote  at  such  election;  and  that  the  Poll  list, 
name  of  each  elector  voting  at  such  election,  shall  be  written 
in  a  poll  list,  to  be  kept  at  such  election,  by  the  judges  or  in¬ 
spectors,  and  that  after  the  poll  shall  be  closed,  the  said  judges  Duty  ofjudgesof 
r  .  it  election. 

or  inspectors  shall  count  the  votes  given  for  the  several  candi¬ 
dates,  and  certify  the  result  under  their  hands,  and  deliver  such 
certificate  to  the  clerk  of  the  said  city,  as  soon  as  that  officer 


90 


Clerk  to  file  certi 
ficate  of  election 


Duration  of 
office. 


Place  and  man¬ 
ner  of  holding 
election  9th  of 
April,  1833. 


Vacancies  filled 
by  Common 
Council. 


Township 

officers. 


Their  duties. 


Common  Council 
Township  Com¬ 
mittee. 


shall  be  sworn  into  office,  who  shall  file  and  preserve  the  same 
in  his  office;  and  the  persons  having  the  greatest  number  of 
votes,  shall  be  deemed  to  be  elected  to  the  offices  for  which 
they  shall  be  voted  for  respectively,  who  shall  respectively 
hold  their  offices  for  one  year,  and  until  others  are  elected  in 
their  stead  and  sworn  into  office,  except  that  the  first  election 
to  be  held  in  said  city  on  the  second  Monday  of  April  next, 
shall  be  held  at  such  place  as  the  Board  of  Selectmen  and  in¬ 
habitants  of  Jersey  City  shall  direct,  and  shall  be  under  the 
direction  of  the  inspectors  of  elections,  appointed  at  the  last 
annual  election,  as  now  constituted,  and  that  the  officers  con¬ 
ducting  said  election,  shall,  in  manner  aforesaid,  proceed  to 
count  the  votes  received,  and  certify  the  votes  given  for  each 
candidate  for  the  offices  aforesaid,  respectively,  which  certifi¬ 
cate  shall  be  delivered  within  three  days  after  such  election,  to 
the  clerk  of  the  said  city. 

§  5.  And  be  it  enacted ,  That  in  case  of  the  death,  resignation, 
inability,  disqualification,  refusal  or  removal  out  of  the  bounds 
of  said  city,  of  any  of  the  officers  mentioned  in  the  preceding 
section,  it  may  be  lawful  for  the  said  Common  Council  to  ap¬ 
point  others  in  their  place  or  stead,  until  the  next  annual  elect¬ 
ion,  who  shall,  during  said  time,  perform  the  like  services,  and 
be  entitled  to  the  same  fees,  and  subject  to  the  like  responsi¬ 
bilities,  as  though  elected  at  the  annual  election. 

§  6.  And  be  it  enacted ,  That  the  clerk  of  the  said  city,  the 
commissioners  of  appeal  in  cases  of  taxation,  the  chosen  free¬ 
holders,  the  surveyors  of  highways,  constables,  and  school  com¬ 
mittee-men,  assessors,  judge  of  election,  and  collector,  appoint¬ 
ed  under  this  act,  shall  respectively  possess  the  powers  and 
perform  the  duties  of  the  like  office  of  any  township  of  this 
State,  so  far  as  such  powers  and  duties  shall  be  consistent  with 
the  provisions  of  this  act;  and  that  the  members  of  the  Com¬ 
mon  Council  of  the  said  city,  collectively  and  individually,  shall 
possess  the  powers  and  perform  the  duties  which  by  law  be¬ 
long  to  or  are  imposed  upon  members  of  the  township  com¬ 
mittee  of  any  township  of  this  State,  collectively  and  individu¬ 
ally.  so  far  as  such  powers  and  duties  are  consistent  with  the 
provisions  of  this  act. 


* 


/ 


91 


§  7.  And  be  it  enacted ,  That  the  assessor  of  the  said  city  shall 
assess  upon  the  persons  and  property  of  residents  and  proper¬ 
ty  of  non-residents  within  the  said  city  ;  and  the  collector  of  the 
said  city  shall  collect  the  State  and  county  taxes  by  law  direct¬ 
ed  or  required  to  be  assessed  and  collected  within  the  said  city, 
in  the  same  manner,  and  within  the  same  time,  as  the  assess¬ 
ors  and  collectors  of  townships  are  or  may  be  by  law  required 
to  assess  and  collect  the  State  and  county  taxes  within  their  re¬ 
spective  townships  ;  and  the  commissioners  of  appeal,  in  cases 
of  taxation,  shall  meet  at  such  place  within  the  said  city  as  the 
Comon  Council  shall  appoint,  and  upon  the  same  day  and  upon 
like  notice  given  as  now  is,  or  hereafter  shall  be,  by  law  fixed 
and  required  for  the  meeting  of  the  like  officers  of  the  town¬ 
ships  of  this  State,  and  when  so  met,  shall  have  power  and 
authority  to  hear  and  determine  all  complaints  of  unjust  tax¬ 
ation  in  the  same  manner  as  the  like  officers  of  the  townships 
of  this  State  are  authorized  and  required  to  do  ;  and  the  said 
assessor  shall,  at  the  time  of  assessing  the  aforesaid  taxes,  also 
assess  upon  the  persons  and  property  of  residents  and  the 
property  of  non-residents  within  the  said  city,  and  the  said 
collector  shall,  at  the  time  of  collecting  the  aforesaid  taxes,  also 
collect  the  taxes  required  to  be  assessed  and  collected  within 
the  said  city,  for  the  use  of  the  said  city,  in  such  manner  as 
the  said  Common  Council  shall,  by  their  ordinance,  from  time 
to  time  direct  and  designate. 

§  8.  And  be  it  enacted ,  That  all  elections  hereafter  held  by 
the  people  within  the  said  city  for  members  of  the  Legislative 
Council  and  General  Assembly,  sheriff  and  coroners  of  the 
county  of  Bergen,  and  for  members  of  Congress  and  electors 
of  President  and  Vice-President  of  the  United  States,  shall  be 
held  within  the  said  city  at  the  place  appointed  by  the  Com¬ 
mon  Council  for  holding  the  city  elections,  on  the  day  or  days 
which  now  are,  or  hereafter  may  be  designated  for  holding 
such  elections  ;  that  the  polls  shall  be  opened  and  closed  at  the 
hour  prescribed  by  the  laws  of  this  State,  and  the  judge  and 
inspectors  of  election  before  mentioned,  shall  preside  at  and 
conduct  all  such  elections,  and  the  clerk  of  the  said  city  shall 
be  clerk  of  such  elections,  and  every  person  in  said  city,  en¬ 
titled  to  vote  at  such  elections,  shall  give  his  vote  in  the  said 


flow  State  and 
county  tax  shall 
be  assessed  and 
collected. 


Meeting:,  power 
and  duties  of 
commissioners 
of  appeals. 


City  taxes,  when 
assessed  and  col¬ 
lected. 


How  assessed. 


Members  of  the 
Legislature,  she¬ 
riff,  coroners, 
members  of '  on- 
gress  and  elec¬ 
tors. 


Inspectors  of 
said  elections. 


92 


Illegal  votes. 


Judges  of  elec¬ 
tions  to  take  oath, 
make  returns. 


Towers,  compen¬ 
sation. 


Vacancies, 
how  filled. 


Ballot  boxes. 


Clerk  of  city  to 
put  up  nomina¬ 
tions. 


city,  at  the  time  of  such  election  anti  not  elsewhere;  and  in 
case  any  person  at  any  election  whatever,  held  in  said  city, 
shall  vote  or  offer  his  vote,  not  being  legally  qualified,  he  shall 
be  liable  to  the  penalties  prescribed  in  the  seventh  section  of  the 
act,  entitled  “  A  supplement  to  the  act  entitled  an  act  to  regu¬ 
late  the  elections  of  members  of  the  Legislative  Council  and 
General  Assembly,  sheriff  and  coroners  of  this  State,”  passed 
the  first  day  of  June,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty,  to  be  sued  for  and  recovered  in  the 
name  of  the  clerk  of  the  said  city,  in  action  of  debt  with  costs, 
and  applied  to  the  use  of  the  poor  of  said  city. 

§  9.  And  be  it  enacted That  the  said  judge,  inspectors  and 
clerk  of  elections,  shall  take  the  same  oaths  or  affirmations, 
and  conduct  such  elections  and  make  returns  thereof,  in  the 
same  manner  as  township  officers  of  elections  are  or  may  be 
by  law  required  to  do,  and  shall  be  vested  with  the  same 
powers  and  authority,  entitled  to  the  same  compensation, 
and  perform  the  same  duties  and  be  subject  to  the  same 
penalties  as  the  like  officers  of  the  townships  of  the  State 
are  or  may  be  by  law  vested  with,  allow’ed  or  subject  to; 
and  in  case  of  the  absence,  death,  incompetency  or  refusal 
to  serve  of  any  of  the  said  officers  of  elections  at  any  elec¬ 
tion,  provided  for  by  this  act,  such  vacancy  or  vacancies  shall 
be  supplied  in  the  manner  prescribed  by  law  for  supplying  such 
vacancies  in  the  townships  of  this  State,  and  the  clerk  of  the 
said  ciry  shall  procure  ballot  boxes  for  the  use  of  the  said  city, 
in  such  manner,  and  of  such  descriptions  as  are  required  to  be 
procured  by  the  township  clerks  of  this  State,  and  be  subject 
to  the  same  penalties  as  township  clerks  are  subject  to  for 
neglecting  to  procure  such  boxes,  and  keep  the  same  in  repair. 

§  10.  And  be  it  enacted ,  That  the  clerk  of  the  county  of 
Bergen  shall  transmit  to  the  clerk  of  the  said  city,  printed 
copies  of  the  seventh  and  eleventh  sections  of  the  act  mention¬ 
ed  in  the  eighth  section  of  this  act,  together  with  a  list  of  nomina¬ 
tions  within  the  same  time,  and' in  the  same  manner  as  he  is 
or  may  be  by  law  required  to  transmit  the  same  to  township 
clerks,  which  clerk  of  said  city  shall  advertise  the  said  elections, 
and  put  up  such  copies  and  lists  of  nominations  in  the  manner 


93 


in  which  the  clerks  of  townships  are  required  by  law  to  adver¬ 
tise  and  put  up  the  same. 

§  11.  And  be  it  enacted ,  That  the  treasurer  of  the  said  city  Treasurer, 
shall  be  annually  appointed  by  the  Common  Council  of  the 
said  city,  or  the  majority  of  them  in  Common  Council  assem¬ 
bled  ;  and  also  that  the  said  mayor  and  aldermen,  or  the  ma.  City  officers  ap- 
jority  of  them  in  Common  Council  assembled,  shall  and  may  mo^Council.0™ 
from  time  to  time  elect  and  appoint  such  other  subordinate 
officers  and  agents  of  the  said  city  not  herein  named,  including 
keepers  of  the  city  prison,  harbor  masters,  measurers  of  grain, 
weigh  masters,  cullers  of  staves  and  heading,  auctioneers,  in¬ 
spectors  of  beef  and  pork,  pot  and  pearl  ashes,  lumber  and  fire¬ 
wood,  coal  and  other  fuel,  upon  such  terms  and  regulations  as 
they  shall  think  necessary,  either  for  the  better  ordering  and 
governing  the  said  city,  or  for  the  convenience,  safety  and  ad¬ 
vantages  of  commerce  ;  which  officers,  so  appointed,  shall  con-  Duration  of 
tinue  in  office  until  others  shall  be  appointed  to  succeed  them,  To  take  oath, 
and  be  sworn  into  office,  faithfully  to  discharge  their  duties. 

§  12.  And  be  it  enacted ,  That  the  clerk  of  the  said  city,  be- Clerk  to  take 

.  J  oath. 

fore  he  enters  upon  the  duties  of  his  office,  shall  take  and  sub¬ 
scribe  before  one  of  the  judges  of  the  Inferior  Court  of  Com¬ 
mon  Pleas  of  the  county  of  Bergen,  or  one  of  the  justices  of 
the  peace  in  said  county,  who  are  hereby  respectively  author¬ 
ized  to  administer  the  same,  the  oath  of  allegiance  to  this  State, 
and  likewise  an  oath  or  affirmation,  faithfully  and  impartially 
to  execute  the  trust  reposed  in  him,  according  to  the  best  of 
his  ability  and  understanding;  which  oaths  and  affirmations 
shall  be  filed  and  preserved  by  the  said  clerk  in  his  office  ;  and 

that  all  officers  elected  or  appointed  under  the  authority  of  this  Clerk  to  adminis* 

ter  oath  to  all  ap- 

act,  shall,  before  they  severally  take  upon  themselves  the  exe-  pointments  by 

.  „  r  ,  this  act, 

cution  of  their  respective  offices,  and  within  thirty  days  after 

their  election,  take  arid  subscribe  before  the  clerk  of  the  said 

city,  who  is  hereby  authorized  to  administer  the  same,  the  like 

oaths  or  affirmations,  which  said  clerk,  shall  also  file  and  pre-  Certificates  to  be 

1  .  filed- 

serve  in  his  office  :  and  if  the  said  clerk,  annually  elected  in  said  Neglect  of  duty. 

city,  shall  neglect  or  refuse  for  the  space  of  five  days,  to  take 

upon  himself  the  duties  of  his  said  office,  as  prescribed  in  this 

act,  it  shall  be  lawful  for  any  judge  of  the  Court  of  Common  Same  to  be  done 

Pleas  of  the  county  of  Bergen,  or  justice  of  the  peace  of  said  iud=>eofcourt 

12 


94 


county,  to  administer  to  the  officers  elected  or  appointed  under 
the  authority  of*  this  act,  the  oaths  or  affirmations  required  by 
this  act  to  be  taken  and  subscribed  by  such  officers,  and  to  file 
the  same  with  the  clerk  of  said  city,  when  the  vacancy  of  such 
,  clerk’s  office  shall  be  supplied. 

Ordinances.  §  13.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful  for 

the  Common  Council  of  the  said  city,  or  the  majority  of  them 
votes°nCUnms  in  C°mmon  Council  convened,  to  pass,  by  not  less  than  six 
concurring  votes,  and  enforce  all  such  ordinances  as  they  shall 
anrfside-wa'iks!  jU(%e  ProPer  for  regulating,  cleaning  and  keeping  in  repair  the 
streets,  highways  and  public  alleys  therein  ;  for  preventing  the 
encumbering  or  obstructing  the  streets,  side-walks  and  public 
alleys  in  said  city ;  and  for  preventing  persons  from  riding, 
driving  or  passing  over  or  upon  the  side-walks  with  horses  or 
oxen,  or  with  wagons,  carts  or  carriages  of  any  description  ; 
Boundaries.  for  ascertaining  and  establishing  the  boundaries  of  all  streets 
Encroachments,  and  alleys  in  said  city,  and  preventing  and  removing  all  en- 

Cattie,  horses,  croachments  in  or  upon  said  streets  or  alleys  ;  for  preventing 

dogs,  swine ;  tax  ,  r  J  r  a 

on  dogs.  or  regulating  the  running  at  large  of  cattle,  horses,  dogs  and 

swine,  or  imposing  a  reasonable  tax  on  the  owners  or  possess- 
drivinoerate  ors  ’  f°r  preventing  the  immoderate  riding  or  driving 

Nuisances.  through  or  in  any  street  of  said  city  ;  for  abating  or  removing 
any  nuisance  in  any  street  or  wharf,  or  on  any  lot  or  lots,  or 
Sewers,  drains,  enclosure,  or  other  place  or  places  in  said  city;  and  for  caus- 
Vauits.  ing  common  sewers  and  drains  to  be  made  ;  and  granting  per- 

Paving  streets,  mission  to  construct  vaults  in  any  part  thereof ;  for  the  paving, 
flagging,  macadamizing  or  gravelling  the  streets  of  said  city. 
Riots 3 !n streets‘  ari<^  f°r  lighting1  the  same;  for  preventing  or  restraining  riots, 
routs,  disturbances,  or  disorderly  assemblages  in  any  street. 
Public  grounds,  house  or  place  in  said  city  ;  for  regulating,  protecting,  improv- 
Weiis,  pumps,  ing  and  reclaiming  the  public  grounds  in  said  city,  and  sink¬ 
ing  and  regulating  wells,  pumps  and  cisterns  in  the  streets 
Lights  in  stables,  thereof ;  for  regulating  the  use  of  lights  in  stables  ;  for  the  pre¬ 
vention  or  suppression  of  fires ;  for  regulating  or  preventing 
the  carrying  on  manufactures  dangerous  in  causing  or  promot- 
Gunpowder.  ing  fires,  and  for  regulating  the  keeping  and  transporting  of 
gunpowder  or  other  combustible  or  dangerous  materials  ;  and 
Fire  wardens,  it  shall  be  lawful  for  the  said  Common  Council,  or  the  major¬ 
ity  of  them,  to  appoint  and  remove  fire  wardens,  and  by  ordi- 


tiance  to  prescribe  the  powers  and  duties  of  such  firewardens, 
and  of  the  fire  engineers  and  firemen  ;  which  engineers  and 
firemen  shall  be  exempt  from  serving  as  jurors  in  the  courts 
for  the  trial  of  small  causes,  or  in  the  militia  in  time  of  peace  ; 
and  after  serving  ten  years  successively  as  firemen,  shall  be 
exempt  from  duty  as  firemen,  and  also  remain  thereafter  ex¬ 
empted  as  serving  as  jurors  in  the  courts. for  the  trial  of  small 
causes,  or  in  the  militia  in  time  of  peace  ;  to  pass  ordinances 
for  protecting  goods  from  being  purloined  at  fires ;  for  compel- 
ing  the  cleaning  of  chimneys,  and  licensing  chimney  sweeps  ; 
for  regulating  the  dimensions  of  chimneys  hereafter  to  be 
built;  for  appointing  watchmen,  and  prescribing  their  powers 
and  duties ;  for  regulating  weights  and  measures,  and  the 
guaging  of  all  casks  of  liquor  and  liquids  ;  for  regulating  petty 
grocers  in  the  selling  of  liquors,  ordinaries  of  victualling  houses, 
and  the  vending  of  meats  and  vegetables  ;  for  establishing  and 
regulating  public  pounds  ;  for  regulating  hawkers,  pedlars  and 
petty  chapmen  within  said  city  ;  for  restraining  vagrants,  men¬ 
dicants,  and  street  beggars  ;  for  regulating  the  setting  up  or 
fixing  any  pole  or  poles  for  fishing  in  the  waters  within  the 
limits  of  this  corporation,  whereby  the  lives  of  persons  may 
be  endangered,  or  the  navigation  obstructed  ;  for  regulating 
cartmen  and  cartage ;  for  regulating  the  police  of  said  city  ; 
for  erecting,  maintaining  and  regulating,  one  or  more  pub¬ 
lic  markets,  and  to  change  and  alter  the  location  of  the 
same  in  said  city,  and  to  erect  and  maintain  a  city  hall  or 
town  house,  city  prison  and  school  houses,  together  with  such 
other  public  buildings  as  may  be  necessary  and  convenient 
in  said  city ;  for  regulating  all  wharves,  docks  and  piers  in 
and  about  said  city,  and  the  rates  of  wharfage,  and  to  order 
and  regulate  the  building  of  all  docks,  wharves,  store  houses 
and  buildings  thereon  in  and  about  said  city ;  and  the  said 
Common  Council  shall  and  may  from  time  to  time  pass  ordi¬ 
nances  for  the  more  effectual  suppression  of  vice  and  immor¬ 
ality,  for  preserving  peace  and  good  order,  for  the  prevention 
of  forestalling  and  regrating,  for  suppressing  and  restraining 
disorderly  and  gaming  houses,  and  such  other  by-laws  and 
ordinances  for  the  peace  and  good  order  of  the  city,  as  they 
may  deem  expedient,  not  repugnant  to  the  Constitution  or 


Firemen 


Goods  at  fires. 

Cleaning 

chimneys. 


Building 

chimneys. 

Watchmen. 

Weights  and 
iheasures, 
guaging. 
Retailers. 


Pound. 

Hawkers  and 

pedlars. 

Beggars. 

Fish  poles. 


Cartage. 

Police. 

Markets. 


City  hall, 
city  prison, 
school  houses, 
and  public 
buildings. 

Wharves,  docks, 
piers,  and  build¬ 
ings  thereon. 


Vice. 


Forestalling. 

Gaming  houses. 

Peace  and  good 
order. 


90 


Imprisonment 
for  offences. 
Fines 

Process  of  prose¬ 
cution. 


Commitment. 


Ordinances  to  be 
published. 


Ordinance 
when  a  law. 


Judicial  proceed* 
mgs. 


Witnesses. 


City  prison. 


laws  of  this  State  or  of  the  United  States,  and  to  enforce  the 
observance  of  all  such  laws  or  ordinances,  by  enacting  penal¬ 
ties  for  the  violation  thereof,  either  by  imprisonment  not  ex¬ 
ceeding  seven  days,  or  by  fine  not  exceeding  fifty  dollars, 
recoverable  with  costs  in  an  action  of  debt,  and  in  the  name 
of  the  treasurer  of  Jersey  City,  for  the  use  of  the  corporation 
of  said  city,  without  specifying  the  individual  name  of  the 
treasurer  of  said  city  for  the  time  being,  before  any  justice  of 
the  peace  residing  within  said  city ;  in  which  action  the  first 
process  may  be  either  by  summons  or  warrant,  and  in  which 
action  it  shall  be  lawful  to  declare  generally  in  debt,  for  such 
penalty,  and  give  the  special  matter  in  evidence;  And  further , 
it  shall  be  lawful  for  such  justice,  before  whom  judgment  of 
imprisonment  shall  he  given,  to  carry  such  judgment  into  effect 
by  warrant  of  commitment,  under  his  hand  and  seal,  directed 
to  the  keeper  of  the  city  prison  :  Provided  always ,  That  each 
and  every  ordinance  so  passed  as  aforesaid,  shall  be  published 
for  the  space  of  twenty  days,  in  at  least  one  newspaper  pub¬ 
lished  or  circulated  in  said  city,  before  said  ordinance  shall  go 
into  effect :  Provided  also ,  that  no  ordinance  or  by-law  shall  be 
enacted  or  passed  by  the  said  Common  Council,  unless  the 
same  shall  have  been  introduced  before  the  said  Common 
Council  at  a  previous  meeting. 

§  14.  And  be  it  enacted,  That  upon  the  trial  of  any  issue,  or 
upon  the  judicial  investigation  of  any  fact  to  which  issue  or 
investigation  the  Mayor  and  Common  Council  of  Jersey  City 
are  a  party,  or  in  which  they  are  interested,  no  person  shall 
be  deemed  an  incompetent  witness  or  juror  by  reason  of  his 
being  an  inhabitant,  freeholder  or  freeman  of  the  said  city; 
and  that  if  any  person  shall  be  sued  or  impleaded  by  reason 
of  any  thing  done  by  virtue  of  this  act,  it  shall  be  lawful  for 
such  person  to  plead  the  general  issue,  and  give  this  act  and 
the  special  matter  in  evidence  at  the  trial. 

§  15.  And  be  it  enacted ,  That  the  said  Common  Council  shall 
have  power  to  build  and  maintain  a  city  prison,  to  be  properly 
and  securely  made,  for  the  detention  and  imprisonment  of  any 
person  or  persons  who  shall  be  arrested  for  any  offence  against 
any  of  the  by-laws  of  the  said  Common  Council,  or  for  any 
breach  of  the  peace,  and  for  any  offence  committed  against 


97 


any  law  of  this  State,  within  the  limits  of  said  city,  provided 
no  person  shall  be  kept  confined  therein  by  any  constable  or 
other  officer  under  a  commitment  or  execution,  directed  to  the 
keeper  of  the  common  jail  of  the  county  of  Bergen,  by  any 
magistrate  therein,  for  a  longer  time  than  seven  days,  for  any 
offence  committed  against  the  laws  of  this  State;  when,  if  not 
liberated  by  bail  or  otherwise,  they  shall  be  removed  by  the 
proper  officer,  to  the  common  jail  of  the  county  of  Bergen. 

§  16.  And  be  it  enacted,  That  the  said  Common  Council  shall  work  houses, 
have  power  to  erect,  establish  and  maintain  one  or  more  work  Almshouses, 
house  or  work  houses,  and  one  or  more  alms  house  or  alms 
houses,  for  the  relief  of  the  poor ;  and  the  said  Common  Coun¬ 
cil  shall  have  power  to  regulate,  by  their  ordinance,  the  said 
house  or  houses,  and  to  direct  and  order  what  persons  shall 
be  placed  therein,  and  for  what  length  of  time,  and  the  man¬ 
ner  of  ordering,  placing  and  keeping  persons  therein  ;  and 
that  the  expenditure  of  all  moneys  raised  for  the  maintenance  p00r  taxes, 
and  relief  of  the  poor  of  the  said  city,  shall  be  under  the  direc¬ 
tion  of  the  Common  Council,  and  of  such  overseers  of  the  poor 
and  other  officers  as  they  shall  for  that  purpose  appoint ;  and  , 
the  overseers  of  the  poor,  appointed  by  the  Common  Council,  overseers  of  th* 
shall  possess  the  powers  and  perform  the  duties  of  the  like  pointed— dutie* 
officers  of  the  townships  of  this  State,  so  far  as  such  powers 
and  duties  shall  be  consistent  with  the  provision  of  this  act. 

§  17.  And  be  it  enacted ,  That  the  said  Common  Council,  or  Licenses, 
a  majority  of  them  in  council  assembled,  shall  and  may  grant 
licenses  annually,  under  the  common  seal  of  said  city,  to  such 
and  so  many  persons,  for  tavern-keepers,  inn-keepers,  victual¬ 
lers,  and  retailers  of  spirituous  liquors,  as  they  may  think  neces¬ 
sary  within  the  said  city,  on  such  terms  and  under  such  regula¬ 
tions  and  penalties  as  the  said  Common  Council  shall  by  their 
ordinance  impose  ;  and  no  other  license  for  such  purpose,  with¬ 
in  said  city,  granted  by  any  other  authority,  shall  be  lawful. 

§  18.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  Com-  city  taxeg  for— 

mon  Council  of  the  said  city,  to  raise  by  tax,  from  year  to  year, 

such  sum  or  sums  of  money  as  they  may  deem  expedient,  for 

defraying  the  expenses  of  lighting  the  streets  of  said  city,  sup- Lamps  in  streets, 

Watch 

porting  a  night  watch  therein,  supplying  the  said  city  with  wa-  water,’ 
ter  for  the  extinguishment  of  fires  and  other  purposes,  for  the 


98 


Public  grounds, 
»  Poor, 

Schools, 

Markets, 

Work  houses, 
Alms  houses, 
City  hall, 

City  prison, 
School  houses, 
and  all  other 
purposes. 


Valuation  of 
property. 

Tax  four  mills. 


To  be  paid  into 
treasury. 


Loans. 


Stocks  to  he 
issued. 


How  paid. 


Seven  affirmative 
votes  for  every 
loan. 


City  debt. 


State  achool  fund 


How  applied. 


Bergen  corpora¬ 
tion  funds. 


repairing  of  the  streets  of  said  city,  for  improving  the  public 
grounds,  maintaining  and  supporting  the  poor,  maintaining 
public  schools,  erecting  and  maintaining  one  or  more  public 
market  houses,  work  houses,  and  alms  houses,  and  a  city  hall 
or  town  house,  city  prison,  and  school  houses,  and  for  defray¬ 
ing  the  contingent  expenses  of  the  said  city,  and  for  all  other 
purposes  and  objects  authorized  by  this  act,  to  be  assessed  by 
the  assessor  upon  the  actual  value  of  property,  and  collected 
by  the  collector  of  the  said  city  ;  but  the  said  assessor  shall  not 
assess  a  greater  tax  than  four  mills  upon  the  dollar,  of  such 
actual  value,  in  any  one  year,  for  the  use  of  the  said  city,  or 
towards  the  payment  of  any  loan  :  which  taxes,  when  collect¬ 
ed,  shall  be  paid  into  the  hands  of  the  treasurer  of  said  city,  to 
be  subject  to  the  order  of  the  said  Common  Council :  and  it 
shall  be  lawful  for  the  said  Mayor  and  Common  Council  of 
Jersey  City,  to  borrow  money  from  time  to  time,  for  all  pur¬ 
poses  for  which  they  are  by  this  act  authorized  to  raise  money 
by  tax,  and  to  secure  the  payment  thereof  by  bond  or  other 
instrument  under  their  common  seal  and  the  signature  of  the 
said  mayor,  and  to  provide  by  tax  for  the  payment  thereof : 
Provided ,  That  it  shall  not  be  lawful  for  the  said  Common 
Council  to  raise  any  sum  by  loan,  whereby  the  payment  of  the 
said  loan  shall  not  be  otherwise  provided  for  than  by  tax  upon 
the  persons  and  property  in  said  city,  unless  at  least  seven  of 
the  said  aldermen  in  Common  Council  convened,  shall  approve 
the  same,  and  then  there  shall  not  be  a  greater  sum  than  ten 
thousand  dollars  raised  by  loan  in  any  one  year,  and  that  the 
said  city  shall  not  owe  over  fifty  thousand  dollars  at  any  one 
time. 

§  19.  And  be  it  enacted,  That  the  said  city  shall  be  entitled 
to  its  just  proportion  of  the  annual  appropriation  of  the  school 
fund  of  this  State,  to  be  ascertained  in  the  manner  in  which 
the  quotas  of  the  townships  of  this  State  now  or  hereafter  shall 
be  ascertained,  which  shall  be  from  time  to  time  paid  over  to 
the  treasurer  of  the  said  city,  and  be  applied  under  the  direc¬ 
tion  of  the  school  committee,  either  to  the  support  of  common 
schools  in  said  city,  or  to  the  schooling  of  poor  children  of  said 
city,  as  the  Common  Council  shall  order  and  direct;  and  the 
said  city  shall  also  be  entitled  to  its  just  and  equitable  propor- 


99 


tion  of  the  principal  money  belonging  to  the  freeholders,  inha¬ 
bitants  of  the  township  of  Bergen  ;  and  the  said  Common 
Council  shall  have  the  charge  and  supervision  of  the  propor¬ 
tion  belonging  to  said  city  ;  Provided  always.  That  the  said  How  U9ed' 
Common  Council  use  the  said  money  and  property  for  the 
purposes  and  in  manner  now  authorized  to  be  used  by  the  said 
the  trustees  of  the  freeholders,  inhabitants  of  said  township  ; 

And  also,  That  the  said  city  shall  be  entitled  to  receive  its  just  Surplus revenna. 
quota  of  the  surplus  revenue  apportioned  to,  and  received,  or 
to  be  hereafter  received  by  the  State  of  New  Jersey,  to  be 
ascertained  according  to  the  ratio  of  taxation  in  the  county  of 
Bergen  ;  and  to  be  under  the  direction  and  supervision  of  the  Liability  therefor 
said  Common  Council,  subject  to  the  like  restrictions,  liabili¬ 
ties  and  responsibilities,  as  the  Board  of  Chosen  Freeholders 
of  the  county  of  Bergen  now  are  or  hereafter  may  be,  in  rela¬ 
tion  to  the  safe  keeping  and  return  of  said  money  to  the  State 
or  General  Government,  when  the  same  shall  be  required. 

§  20.  And  be  it  enacted,  That  it  shall  be  the  duty  of  the  trea-  Annual  report  of 

J  treasurer  to  be 

surer  of  the  said  city,  at  least  once  in  each  year,  to  make  out  published, 
a  full  and  true  account  of  all  the  moneys  raised  by  tax  or  loan 
for  the  use  of  said  city  since  the  last  annual  election,  and  of  the 
application  and  expenditure  of  the  same,  and  to  deliver  the  said 
account  to  the  clerk  of  the  said  city,  at  least  ten  days  previous 
to  the  next  annual  election,  to  be  by  him  filed  in  his  office; 
and  it  shall  be  the  duty  of  the  said  clerk  to  cause  a  copy  of  the 
said  account  to  be  published  in  one  or  more  newspapers  pub¬ 
lished  or  circulated  in  said  city,  at  least  five  days  previous  to 
the  day  of  the  next  annual  election  for  city  officers. 

§  21.  And  be  it  enacted,  That  it  shall  be  lawful  for  the  Com-  Compensation  to 
mon  Council  of  the  said  city  to  pay  unto  the  treasurer,  clerk,  officers' 
and  other  officers  and  agents  of  said  city,  such  compensation 
for  their  services  as  the  Common  Council  shall  deem  reason¬ 
able  and  proper. 

§  22.  And  be  it  enacted,  That  the  treasurer  and  collector  of  Treasurer  and 
said  city,  before  they  enter  upon  the  duties  of  their  respective  bonds.0  °glV8 
offices,  shall  severally  execute  their  respective  bonds  to  the 
Mayor  and  Common  Council  of  Jersey  City,  in  such  sums  and 
with  such  sureties  as  the  said  Common  Council  shall  approve, 
conditioned  for  the  faithful  execution  of  the  duties  of  their  re¬ 
spective  offices. 


100 


Constables  to 
make  oath. 


Clerk  to  file 
same. 


Constables  to 
give  bonds. 

\ 


Clerk  to  file 
same. 


Misconduct  of 
constables  to  be 
prosecuted. 


Aldermen  ex- 
officio  conserva¬ 
tors  of  the  peace. 
Authority. 


§  23.  And  be  it  enacted ,  That  every  constable  of  the  said  cityf 
before  he  enters  upon  the  duties  of  his  office,  shall  take  and 
subscribe  before  the  clerk  of  the  said  city,  an  oath  or  affirma¬ 
tion  in  the  form  prescribed  for  constables  of  townships,  in  the 
nineteenth  section  of  the  act  of  the  Legislature,  entitled  an  act 
incorporating  the  inhabitants  of  townships,  designating  their 
powers  and  regulating  their  meetings,  using  the  word  city  in¬ 
stead  of  the  word  township ;  and  the  said  clerk  shall  endorse 
on  the  said  oath  or  affirmation,  the  day  and  year  on  which  the 
same  was  subscribed  and  taken  or  made,  and  file  the  said  oath 
or  affirmation  and  endorsement  thereon  in  his  office :  And  fur¬ 
ther,  That  every  constable  of  the  said  city,  before  he  enters 
upon  the  execution  of  his  office,  shall  repair  to  the  Common 
Council  of  the  said  city,  and  enter  into  bond  to  the  Mayor  and 
Common  Council  of  Jersey  City,  with  one  or  more  sureties, 
to  be  approved  of  by  the  said  Common  Council  in  such  sum 
as  the  said  Common  Council  shall  direct,  in  the  form  as  near  as 
may  be,  prescribed  in  the  fifty-eighth  section  of  the  act  of  the 
Legislature,  entitled  an  act  constituting  courts  for  the  trial  of 
small  causes,  which  bond  shall  be  delivered  to  the  clerk  of  the 
said  city,  who  is  hereby  directed  and  required  to  record  and 
file  the  same  in  his  office;  and  the  said  Mayor  and  Common 
Council  are  hereby  directed  and  required,  if  need  be,  to  prose¬ 
cute  the  said  bond,  for  and  in  behalf,  and  to  the  use  of  all  and 
every  person  or  persons  whatever,  who  may  have  sustained 
loss  by  the  neglect  or  misconduct  of  the  said  constable,  and  all 
suits  on  such  bonds  shall  be  prosecuted  and  conducted  in  the 
manner  directed  in  the  fifty-ninth  section  of  the  last  mention¬ 
ed  act,  for  prosecuting  and  conducting  suits  on  constables* 
bonds. 

§  24.  And  be  it  enacted,  That  the  aldermen  elected  by  virtue 
of  this  act,  shall  be  ex-officio  conservators  of  the  peace  within 
the  limits  of  said  city,  and  for  this  purpose  shall  jointly  and  seve¬ 
rally  have  authority  to  cause  any  or  all  persons  to  be  brought 
before  them,  or  either  of  them,  for  any  breach  of  the  peace, 
or  for  disturbing  the  public  tranquility ;  shall  have  power  to 
cause  any  or  all  persons  so  offending,  to  be  sent  to  the  watch 
house  or  city  prison  for  safe  keeping,  until  he,  she,  or  they  can 
be  brought  before  the  mayor  or  any  magistrate  of  the  county  for 


101 

further  hearing::  and  that  the  said  mayor  shall  be,  during:  the  Mayor  rested 
time  for  which  he  is  elected,  vested  with  all  the  powers  and  func- Justice- 
tions,  and  be  bound  by  the  same  liabilities  in  criminal  cases, 
that  justices  of  the  peace  of  the  several  counties  of  this  State 
now  are,  or  hereafter  may  be  authorized  to  perform,  and  all 
officers  and  persons  shall  respect  him  as  such. 

§  25.  And  be  it  enacted ’,  That  any  street  or  streets,  or  parts  streets  already 
of  streets,  in  said  city,  which  now  are  or  shall  be  regulated  by  altered!^’  h°w 
curbing  and  guttering  therein,  by  any  grade  now  or  hereafter 
to  be  established  for  said  street  or  streets  or  parts  of  streets, 
the  same  shall  not  be  changed  or  altered  by  the  said  Com¬ 
mon  Council,  unless  at  least  seven  members  thereof  shall  as¬ 
sent  to  such  change  in  Common  Council  convened  :  And  fur¬ 
ther,  That  unless  the  said  Common  Council  shall  apply  to  the 
justices  of  the  Supreme  Court  of  this  State,  and  a  majority  of 
the  said  justices  shall  approve  the  said  alteration,  and  the  said 
Common  Council  shall  give  at  least  thirty  days  notice  of  the 
time  and  place  of  said  application,  in  at  least  one  public  news¬ 
paper  printed  or  circulated  in  said  city,  and  also  by  advertise¬ 
ment,  put  up  in  at  least  five  public  places  in  said  city  for  the 
like  space  of  time,  and  it  shall  be  lawful,  whenever  the  alter¬ 
ation  of  any  such  street  or  streets,  or  parts  of  streets,  shall  be 
authorized  by  the  said  Common  Council,  and  the  consent  of 
the  said  justices  obtained  as  aforesaid,  for  the  said  Common 
Council  to  appoint  three  disinterested  freeholders  of  the  said 
city,  commissioners  to  make  an  estimate  and  assessment  of  the 
damages  that  any  owner  or  owners  of  any  lot  or  lots  fronting 
on  such  street  or  streets,  or  parts  of  streets  will  sustain  by  ma¬ 
king  such  alterations,  and  in  estimating  and  assessing  such 
damages,  the  said  commissioners  shall  have  due  regard,  as  well 
to  the  benefit  as  to  the  injury  of  the  owner  or  owners  thereof, 
by  such  alteration  :  Provided  always ,  That  any  person  or  per¬ 
sons  who  may  consider  himself,  herself  or  themselves  injured 
or  aggreived  by  such  estimate  or  assessment,  may  at  any  time 
within  thirty  days  after  the  making  thereof,  appeal  therefrom 
to  the  said  Supreme  Court,  who  shall  have  power  to  confirm  or 
set  aside  the  said  estimate  and  assessment,  and  to  order  a  new 
assessment  and  estimate  thereof  to  be  made  and  reported  to 
them  for  confirmation. 


13 


102 


Vote  of  electors, 
March  20,  1838, 
on  charter. 


Powers  of  for* 
mer  corporation 
transferred. 


Supplement, 
March  8,  1836. 


Former  acts 
repealed. 


§  26.  And  be  it  enacted,  That  this  act  shall  not  go  into  effect 
unless  the  assent  of  three-fifths  of  the  electors  of  said  city  shall 
be  first  obtained  ;  and  for  this  purpose  a  poll  shall  he  opened 
on  the  twentieth  day  of  March  next,  between  the  hours  of 
twelve  o’clock,  noon,  and  six  in  the  afternoon,  under  the  direc¬ 
tion  of  the  inspectors  of  the  last  election  of  the  said  city,  and  at 
the  place  where  the  last  election  was  held  for  members  of  the 
Board  of  Selectmen,  of  which  time  and  place  the  Board  of  Se¬ 
lectmen  of  said  city  shall  give  at  least  one  week’s  previous  notice, 
in  one  of  the  newspapers  published  or  circulated  in  the  said 
city,  and  the  electors  entitled  to  vote  for  members  of  the  Board 
of  Selectmen  of  said  city,  as  now  constituted,  shall  express  their 
assent  or  refusal  of  this  act,  by  depositing  their  ballots  in  the 
box  provided  for  this  purpose  in  said  city,  and  those  electors 
who  are  in  favor  of  the  said  law,  shall  each  deposit  a  ballot 
containing  the  word  “  alteration,”  written  or  printed  thereon, 
and  those  who  are  opposed  shall  each  deposit  a  ballot  with 
the  words  “no  alteration”  written  or  printed  theieon,  and  a 
canvass  and  return  of  the  votes  shall  be  made  by  the  said  in¬ 
spectors,  to  the  secretary  of  the  Board  of  Selectmen  of  Jersey 
City  ;  and  if  three-fifths  of  those  who  vote  at  such  election  are 
found  to  be  in  favor  of  this  act,  it  shall  then,  but  not  otherwise, 
go  into  effect. 

§  27.  And  be  it  enacted ,  That  the  said  Common  Council, 
hereby  created,  shall  be  invested  with  and  exercise  in  their 
corporate  name,  all  the  rights,  privileges,  powers  and  duties, 
that  the  Board  of  Selectmen  and  inhabitants  of  Jersey  City 
now  are  capable  of  exercising  and  performing,  by  and  under 
an  act  of  the  Legislature  of  this  State,  passed  March  the  eighth, 
eighteen  hundred  and  thirty-six,  entitled  “  A  supplement  to  the 
act,  entitled  an  act  to  incorporate  Jersey  City  in  the  county  of 
Bergen,”  passed  January  twenty-third,  eighteen  hundred  and 
twenty-nine,  and  that  it  be  taken  and  considered  as  a  part  of 
this  act. 

§  28.  And  be  it  enacted ,  That  the  act  entitled  “  An  act  to  in¬ 
corporate  the  city  of  Jersey,  in  the  county  of  Bergen,”  passed 
January  twenty-eighth,  eighteen  hundred  and  twenty,  be  and 
the  same  is  hereby  repealed,  and  that  such  part  or  parts  of  the 
act  entitled  “  An  act  incorporating  the  city  of  Jersey,  in  the 


1C3 


county  of  Bergen,  and  to  repeal  a  former  act,”  passed  January 
twenty-third,  eighteen  hundred  and  twenty-nine,  which  are 
contrary  to  or  inconsistent  with  the  provisions  of  this  act,  shall 
be,  and  the  same  are  hereby  repealed,  such  repeal  to  take  effect 
on  and  after  the  second  Monday  of  April  next :  Provided  never¬ 
theless,  That  such  repeal  shall  not  render  ineffectual  or  void 
any  act  or  thing  lawfully  done  under  said  act ;  and  it  shall  be 
lawful  for  the  said  Common  Council  to  collect,  enforce  and 
settle,  in  their  corporate  name,  as  incorporated  by  this  act,  the 
payment  of  all  assessments  in  arrear  or  other  claims  or  de¬ 
mands  whatever,  that  now  are  or  hereafter  may  become  due 
and  owing  to  or  from  the  said  Board  of  Selectmen  and  inhabi¬ 
tants  of  Jersey  City  in  their  corporate  capacity. 

§  29  And  be  it  enacted l,  That  nothing  herein  contained  shall  Jersey  Asso. 

.  .....  ciates. 

be  construed  as  in  any  wise  to  interfere  with,  or  impair  the 
vested  rights  and  the  privileges  of  the  Associates  of  the  Jersey 
Company  :  Provided,  That  this  section  shall  not  be  construct¬ 
ed  or  adjudged  as  a  repeal  of  any  part  of  the  proviso  contain¬ 
ed  in  the  second  section  of  the  act  incorporating  said  Associ¬ 
ates  :  And  provided further,  That  nothing  herein  contained  shall 
be  so  construed  as  to  prevent  the  Mayor  and  Common  Coun¬ 
cil  from  exercising  all  the  powers  and  privileges  granted  in 
and  by  the  thirteenth  section  of  this  act. 

§  30.  And  be  it  enacted,  That  the  Legislature  may  at  any 
time  hereafter,  alter,  modify,  amend  or  repeal  this  act,  when¬ 
ever  in  the  judgment  of  the  Legislature  the  public  good  may 
require  the  same  ;  and  that  it  be  taken  and  referred  to  as  a 
public  act  in  all  courts,  places,  and  by  all  persons ;  and  also, 
that  the  supplement  referred  to  in  the  twenty-seventh  section 
be  taken  as  a  public  act  in  like  manner. 

House  of  Assembly,  February  22,  1838. 

This  re-engrossed  bill  having  been  three  times  read  and 
compared  in  the  House  of  Assembly, 

Resolved ,  That  the  same  do  pass. 

By  order  of  the  House  of  Assembly, 

LEWIS  CONDICT,  Speaker . 


J  04 


Additional 

boundary. 


In  Council,  February  22,  1838. 

This  re-engrossed  bill  having  been  three  times  read  in 
Council, 

Resolved,  That  the  same  do  pass. 

.By  order  of  Council, 

A.  PARSONS,  Vice  President, 

State  of  New-Jersey: 

I,  James  D.  Westcott,  Secretary  of  State  of  the  State  of 
New-Jersey ,  do  hereby  certify  that  the  foregoing  is  a  true  copy 
of  a  law  of  said  State,  passed  on  the  twenty-second  day  of  Feb¬ 
ruary,  Anno  Domini,  eighteen  hundred  and  thirty-eight,  en¬ 
titled  “  An  Act  to  incorporate  Jersey  City,”  as  taken  from  and 
compared  with  the  original,  now  on  file  in  my  office. 

Given  under  my  hand  and  seal  of  office,  at  the  city 
[L.  S.]  of  Trenton,  in  said  State,  this  seventh  day  of 
March,  Anno  Domini,  eighteen  hundred  and 
thirty-eight. 

JAMES  D.  WESTCOTT. 


State  of  New  Jersey: 

i 

A  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

“in  ict  incorporating  icrstg  Cittp” 

§  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of 
this  State,  and  it  is  hereby  enacted  by  the  authority  of  the  same. 
That  all  that  part  of  the  township  of  Bergen  lying  westerly  of 
Jersey  City,  included  within  the  following  boundaries,  viz  : 
Beginning  at  a  point  where  the  said  westerly  boundary  line  of 
said  city  intersects  the  northerly  line  of  Harsimus  street,  as 
said  street  is  laid  down  on  the  map  of  the  town  of  Jersey, 
made  by  Joseph  F.  Mangin  for  the  Associates  of  the  Jersey 
Company  ;  thence  running  westerly  to  and  along  the  northerly 
line  of  South-Eighth  street,  as  the  same  is  laid  down  on  the 


map  made  by  Lucius  F.  Douglass,  for  the  Commissioners  ap¬ 
pointed  to  make  partition  of  the  estate  late  of  John  Van  Vorst, 
deceased,  to  the  middle  of  Grove  street  in  Harsimus,  as  the 
same  is  now  laid  out  and  opened ;  thence  southerly  along  the 
middle  of  the  same,  and  through  and  along  the  middle  of  Kel¬ 
logg  street  and  Beach  street,  as  the  same  are  laid  down  on  the 
map  made  by  Joseph  F.  Bridges,  for  Cornelius  Van  Vorst, 
into  Communipaw  bay,  to  a  point  which  will  be  reached  by 
the  continuation,  in  a  direct  line,  of  the  southerly  boundary 
line  of  said  city ;  thence  easterly  in  a  straight  line  to  the  inter¬ 
section  of  the  westerly  and  southerly  boundary  lines  of  said 
city ;  thence  northerly  along  the  westerly  line  of  said  city,  to 
the  place  of  beginning;  and  all  the  inhabitants  within  the  lim¬ 
its  aforesaid,  shall  be,  from  time  to  time,  and  forever  hereafter, 
a  part  of  the  body  politic  and  corporate  of  “the  Mayor  and 
Common  Council  of  Jersey  City,”  to  all  intents  and  purposes 
whatsoever,  in  as  full  and  ample  a  manner  as  though  the  same 
had  been  included  as,  and  declared  to  be,  part  of  the  said  body 
politic  and  corporate  by  the  act,  entitled  “An  Act  incorporat¬ 
ing  Jersey  City,”  passed  February  22,  1838. 

§2.  And  be  it  eriacted,  -That  all  the  ordinances,  by-laws,  Laws,  &c.,  to  ap- 
resolutions  and  regulations,  which  shall  be  in  force  at  the  time  P 'l}  m  nPW  linms 
of  the  passage  of  this  act,  in  said  city,  shall  be  deemed  and 
taken  to  apply  and  operate  as  effectually  within  that  part  of 
the  township  of  Bergen  which  by  this  act  is  made  a  part  of 
said  city,  as  the  same  shall  then  apply  and  operate  within  the 
bounds  of  said  city  :  Provided ,  however ,  that  no  ordinance,  by-  No  street  to  be 
law,  resolution  or  regulation,  which  shall  then  be  in  force  in  two  years,  with- 
said  city,  or  which  shall  thereafter  be  ordained,  passed,  resolved 
or  made,  for  regulating,  laying  out,  widening,  altering,  grading, 
extending,  filling  up  or  excavating  the  streets,  highways  and 
public  alleys  in  said  city,  or  any  of  them,  except  for  cleaning 
or  keeping  in  repair  such  streets,  highways  and  alleys,  shall 
be  deemed  or  taken  to  apply  or  operate  within  that  part  of 
the  township  of  Bergen  which  by  this  act  is  made  a  part  of 
said  city,  until  after  the  expiration  of  two  years  next  after  the 
passing  of  this  act,  without  the  consent  of  the  owner  or  owners 
of  more  than  one  half  of  the  land  within  the  same,  to  be  given 
in  writing;  And  provided  also ,  that  no  tax,  assessment  or  impo- 


106 


No  street  to  be 
opened  on  Van 
Vorst  property 
without  consent 


Partition  walls, 
ifcc. 

Excavating 
docks,  filling 
sunken  lots,  <fcc. 
Wooden  build¬ 
ings. 


Taxes. 
Collector  to 
report,  &c. 


Common  Council 
to  sue,  &c. 


Collector  to 
swear  to  return. 


sit.ion  whatsoever,  shall  be  laid,  made  or  levied  upon  the  lands 
included  within  the  limits  of  that  part  of  the  township  of  Ber¬ 
gen  which  by  this  act  is  made  a  part  of  the  said  city,  belong¬ 
ing  to  the  heirs-at-law  of  John  Van  Vorst,  or  any  part  thereof, 
for  regulating,  laying  out,  widening,  altering,  grading,  entend- 
ing  filling  up,  excavating,  or  cleaning  any  street,  or  part  of 
street,  which  now  or  shall  hereafter  run  through  the  same,  or 
any  part  thereof,  without  the  consent  of  the  owner  or  owners 
of  more  than  one  half  of  the  last  mentioned  lands,  to  be  given 
in  writing. 

§  3.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful  for 
the  Common  Council  of  Jersey  City,  in  addition  to  the  powers 
heretofore  granted,  to  pass  ordinances  and  by-laws,  by  not  less 
than  six  concurring  votes,  and  to  enforce  the  observance  of  the 
same,  for  regulating  and  governing  the  building  of  partition 
walls  and  fences,  the  filling  up  of  sunken  lots,  the  excavating 
and  repairing  of  docks  and  slips,  and  for  limiting  the  height 
of  wooden  buildings  :  Provided ,  that  the  same  shall  not  go  into 
effect  until  they  shall  have  been  published  for  the  space  of 
twenty  days  in  at  least  one  newspaper  published  or  circulated 
in  said  city  :  And  provided  also,  that  the  same  shall  have  been 
introduced  before  the  Common  Council  at  a  previous  meeting. 

§  4.  And  be  it  enacted,  That  the  collector  of  the  said  city,  in 
case  of  the  non  payment  of  taxes  at  the  time  appointed  by  law 
for  the  payment  thereof,  shall  make  out  a  list  of  the  names  of 
the  deliquents,  with  the  sums  due  from  them,  respectively, 
thereto  annexed,  and  deliver  the  same  to  the  clerk  of  the  Com¬ 
mon  Council  of  said  city  on  the  twentieth  day  of  December  in 
every  year,  except  when  the  said  day  shall  happen  on  a  Sun¬ 
day,  and  then  on  the  next  day  following ;  and  it  shall  be  the 
duty  of  such  clerk  to  lay  the  same  before  the  said  Common 
Council,  at  the  meeting  thereof,  held  next  after  the  same  shall 
be  delivered  to  him  ;  and  thereupon  the  said  Common  Coun¬ 
cil  may  deliver  the  same  to  such  justice  or  justices  of  the  peace 
of  the  county  of  Bergen,  as  they  shall  see  fit  to  proceed  there¬ 
on  according  to  law  :  Provided ,  that  such  collector  shall,  be¬ 
fore  he  delivers  such  list  to  the  said  clerk,  take  and  subscribe 
an  oath  or  affirmation  before  some  justice  of  the  peace  of  the 
county  of  Bergen,  that  the  moneys  in  the  said  list  mentioned, 


107 


have  been  duly  demanded,  or  due  notice  thereof  given  at  the 
usual  place  of  residence  of  each  delinquent  who  could  be  found, 
or  may  then  reside  in  the  said  city. 

§  5.  And  be  it  enacted,  That  all  taxes  and  assessments  which  AH  ,axesor 
shall  hereafter  be  assessed  or  made  upon  any  lands,  tenements  be  a  llcn- 
or  real  estate  situate  in  Jersey  City,  shall  be  and  remain  a  lien 
thereon  for  the  space  of  two  years  from  and  after  the  time  when 
the  same  shall  be  assessed,. notwithstanding:  any  devise,  descent, 
alienation,  mortgage,  or  other  incumbrance  thereof;  and  that 
if  the  full  amount  of  any  such  tax  or  assessment  shall  not  be  Sale  of  property 

on  failure  of  pay  - 

paid  and  satisfied  within  the  time  limited  and  appointed  for  ment,  and  condi- 
1  >  .  tions. 

the  payment  thereof,  it  shall  and  may  be  lawful  for  the  Com¬ 
mon  Council  to  cause  such  lands,  tenements  or  real  estate,  to 
be  sold  at  public  auction  for  the  shortest  term  for  which  any 
person  will  agree  to  take  the  same  and  pay  such  tax  or  assess¬ 
ment,  or  the  balance  thereof,  remaining  unpaid,  with  the  inte¬ 
rest  thereof,  and  all  costs,  charges  and  expenses,  and  to  exe¬ 
cute,  under  the  common  seal  of  the  said  city,  a  declaration  of 
such  sale,  and  deliver  the  same  to  the  said  purchaser ;  and  such 
purchaser,  his  executors,  administrators  or  assigns,  shall,  by 
virtue  thereof,  lawfully  hold  and  enjoy  the  said  lands,  tene¬ 
ments  or  real  estate,  for  his  and  their  own  proper  use,  against 
the  owner  or  owners  thereof,  and  all  persons  claiming  under 
him  or  them,  until  his  said  term  shall  be  completed  and  ended : 

Provided,  that  the  said  Common  Council  shall  first  have  caused  Sp!2J|a£BbJotie® 

such  sale  to  be  advertised  for  at  least  sixty  days  in  at  least  one  siven- 

public  newspaper  printed  and  published  in  said  city,  and  if  no 

newspaper  shall  be  printed  and  published  in  the  said  city,  then 

in  at  least  one  public  newspaper  generally  circulated  in  the 

said  city,  and  also  by  advertisements  put  up  in  at  least  five 

public  places  in  the  said  city,  which  advertisement  shall  des-  Property^to  be 

cribe  the  said  lands,  tenements  or  real  estate,  and  specify  the 

amount  of  the  assessment :  And  provided  also,  that  the  lands, 

tenements  or  real  estate  so  sold,  may  be  redeemed  by  the 

owner  or  owners  thereof,  within  two  years  from  the  day  of 

the  sale,  on  the  payment  of  the  amount  of  the  purchase  money, 

with  interest,  at  the  rate  of  twenty  per  cent,  from  tne  day  of 

sale,  and  all  expenses  necessarily  incurred  for  the  benefit  of 

the  purchaser. 


103 


Authentication  of 
Mangin’s  map, 
and  map  of  new 
boundaries  to  be 
made. 


And  Whereas ,  The  said  city  was  surveyed  and  plotted  into 
blocks  and  lots  by  the  Associates  of  the  Jersey  Company,  who 
were  incorporated  on  the  tenth  of  November,  one  thousand 
eight  hundred  and  four,  and  the  lots  were  sold  agreeably  to  a 
map  thereof  now  existing,  made  by  Joseph  F.  Mangin,  bear¬ 
ing  date  the  fifteenth  of  April,  one  thousand  eight  hundred  and 
four,  of  which  no  record  can  be  found — therefore, 

§  6.  And  he  it  enacted,  That  it  shall  and  may  be  lawful  for 
the  said  Common  Council  to  authenticate  the  said  map,  by 
such  proofs  as  they  shall  deem  satisfactory,  and  to  cause  a 
certified  copy  thereof,  under  the  seal  of  the  said  city,  to  be 
filed  with  their  clerk,  and  a  copy  thereof  to  be  duly  recorded 
in  the  office  of  such  clerk ;  and  also  to  cause  a  map  of  the  ad¬ 
ditional  territory  of  the  said  city,  annexed  thereto  by  this  act, 
and  of  the  blocks,  streets,  docks  and  slips  which  may  from 
time  to  time  be  made  into  the  waters  surrounding  said  city,  to 
be  filed  with  the  clerk,  and  a  copy  thereof  to  be  duly  recorded. 

§  7.  And  he  it  enacted,  That  this  act  shall  go  into  effect  im¬ 
mediately  after  the  passage  thereof. 


Passed  March  8,  1839. 


A  SUPPLEMENT  TO  AN  ACT,  ENTITLED 

“  Stt  Srt  ta  Sncnrjintate  ftat}  Cifij.” 

Passed  the  22d  of  February ,  1838. 

Part  of  former  §  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  this 
epeaied.  State  y  an{i  fa  fa  hereby  enacted  by  the  authority  of  the  same ,  That 
so  much  of  the  act  to  which  this  is  a  supplement,  as  authorizes 
the  Common  Council  of  Jersey  City  to  pass  ordinances  for 
regulating  petty  grocers  in  selling  of  liquors,  or  to  grant  licen¬ 
ses  to  victuallers  and  retailers  of  spirituous  liquors,  be,  and 
the  same  is  hereby  repealed  from  and  after  the  passage  of 
this  act. 

Passed  March  11,  1841. 


109 


A  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

“In  5Ut  Hktorjinrating  Herstg  Citg,” 

Passed  22 d  February ,  1838. 

Sec.  1.  Be  it  enacted  by  the  Council  and  General  Assembly  Part  of  former 
of  this  State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  repealed 

That  so  much  of  the  fourth  section  of  the  act  to  which  this  is  a 
supplement,  as  declares  that  “  no  person  shall  be  elected,  or 
serve  as  Mayor,  or  Alderman,  unless  he  be  a  bona  fide  free¬ 
holder  within  said  city,”  shall  be,  and  the  same  is  hereby  re¬ 
pealed,  and  that  nothing  in  the  said  act  contained,  shall  be 
construed  to  prevent  any  free  white  male  citizen  of  the  United 
States,  who  shall  have  resided  in  said  city  for  one  whole  year 
next  preceding  any  election,  at  which  such  person  may  be  a 
candidate,  from  being  elected  to,  and  holding  either  of  the 
offices  above  mentioned,  upon  taking  such  oath,  or  giving  such 
security,  as  is  now  required  by  existing  laws. 

Sec.  2.  And  be  it  enacted ,  That  this  act  be  taken  as  a  public  Act  when  to  takj 

effect. 

act,  and  shall  take  effect  on  the  second  Monday  of  April  next. 

Passed  March  1,  1844. 


A  FURTHER  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

“Sn  let  Sncatportttiiig  Ktrseg  Citij," 

Passed  the  twenty-second  of  February ,  A.  F) ,  eighteen  hundred 

and  thirty-eight. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  part  of  former 
of  New  Jersey ,  That  the  second  proviso  in  the  second  section  "  trepealed- 
of  the  act,  entitled  “  A  supplement  to  the  act,  entitled  ‘An  act 
incorporating  Jersey  City,’  ”  passed  the  eighth  day  of  March, 

A.  D.  eighteen  hundred  and  thirty-nine,  be,  and  the  same  is 
hereby  repealed. 

Approved  February  27,  1847. 

14 


no 


51  fitrtjw  inpplrarat  tn  iljt  51rt,  intitlii 

“3n  Sri  SECDipnrating  %mti\  City,” 

Passed  February  twenty -second,  eighteen  hundred  and  thirty-eight , 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  That  whenever  within  the  said  city,  any 
tax  shall  remain  unpaid  at  the  time  appointed  by  law  for  the 
collector  of  the  said  city  to  return  a  list  of  the  delinquent  tax 
payers,  it  shall  be  lawful  for  the  constable  authorized  to  col¬ 
lect  such  tax,  to  charge,  receive,  and  collect,  in  addition  to  the 
amount  of  such  tax,  interest  thereon,  to  be  computed  at  the 
rate  of  twelve  per  cent,  per  annum  from  the  twentieth  day  of 
December,  in  each  year,  until  the  payment  of  the  same  ;  and 
such  interest  shall  be  paid  over  and  accounted  for,  by  the  per¬ 
son  receiving  the  same,  to  the  Mayor  and  Common  Cbuncil  of 
said  city,  as  a  part  of  the  tax  collected  by  him. 

8ix  per  cent,  de-  2.  And  be  it  enacted,  That  if  any  person  or  persons  from 

ducted  in  case  of  j  r  r 

payment  before  whom  any  tax  shall  hereafter  be  due  and  payable  to  the  said 
return.  J  _  . 

Mayor  and  Common  Council  of  Jersey  City,  for  State,  county, 
or  city  purposes,  shall  pay  the  same,  or  any  part  thereof,  to 
the  collector  of  said  city  before  the  time  appointed  by  law  for 
the  said  collector  to  return  a  list  of  delinquent  tax  payers,  it 
shall  be  lawful  for  the  said  collector  to  allow  and  deduct  from 
the  amount  of  said  tax  so  paid,  interest  thereon,  to  be  com¬ 
puted  at  the  rate  of  six  per  cent,  per  annum  from  the  time 
when  the  said  tax  shall  be  received  by  the  said  collector,  until 
the  time  appointed  by  law  to  make  such  return  of  the  list  of 
delinquents  aforesaid  ;  Provided,  that  nothing  herein  contain¬ 
ed  shall  be  so  construed  as  to  exempt  the  said  Mayor  and 
Common  Council  of  Jersey  City,  or  the  collector  of  said  city, 
from  paying  over  to  the  treasurer  of  this  State,  or  to  the  col¬ 
lector  of  the  county  of  Hudson,  the  full  quota  of  taxes  required 
by  law  to  be  raised  in  said  city  for  State  and  county  purposes. 
Compensation  to  3.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  said 
iaeaor!°r  andco1^ 'the  Mayor  and  Common  Council  of  Jersey  City,  or  a  majority 


Interest  to  be 
eharged  on 
unpaid  tax. 


ui 


of  them,  in  Common  Council  convened,  to  declare  by  ordi¬ 
nance  the  compensation  to  be  paid  to  the  assessor  and  col¬ 
lector  of  said  city,  for  assessing  and  collecting  the  State,  coun¬ 
ty,  and  city  taxes,  and  the  same  to  alter  and  change  from  time 
to  time,  as  to  them  may  seem  expedient ;  and  the  compensa¬ 
tion  so  declared  by  the  said  Mayor  and  Common  Council,  shall 
be  the  amount  to  which  the  said  assessor  and  collector  shall 
be  entitled,  any  thing  in  the  act  entitled  “  An  act  concerning 
taxes,”  approved  April  fourteenth,  eighteen  hundred  and  forty- 
six,  or  the  act  entitled  “  An  act  to  incorporate  the  chosen  free¬ 
holders  in  the  respective  counties  of  the  State,”  approved  April 
the  sixteenth,  eighteen  hundred  and  forty-six,  to  the  contrary. 

4.  And  be  it  enacted ,  That  the  book  in  which  the  said  Com-  Books  of  record 
mon  Council  have  caused  their  ordinances  and  by-laws  to  be 
recorded,  and  such  other  book  and  books  as  shall  be  by  them 
provided  and  kept  for  that  purpose,  shall  be  taken  and  receiv¬ 
ed  in  all  Courts  and  places,  as  evidence  of  the  due  passage  by 

said  Common  Council  of  all  ordinances  and  by-laws  recorded 
therein ;  and  until  the  contrary  be  proved,  all  ordinances  and 
by-laws  recorded  in  said  book  or  books,  shall  be  presumed  to 
have  been  introduced,  passed,  and  published  according  to  the 
requirements  of  the  thirteenth  section  of  the  act  to  which  this 
is  a  supplement. 

5.  And  be  it  enacted ,  That  penalties  for  the  violation  of  any  Penalties  for 

i  r  .  •in  ,  violation  of  ordU 

ordinance  or  any  by-law  or  the  said  Common  Council,  may  nance,  how  re- 

covered. 

be  sued  for  and  recovered,  in  the  Court  for  the  trial  of  small 
causes,  before  any  justice  of  the  peace  residing  in  the  said 
county  of  Hudson. 

6.  And  be  it  enacted ,  That  from  any  judgment  which  may  be  Parties  aggrieved 
obtained  in  the  Court  for  the  trial  of  small  causes,  in  any  ac-  may  appeal' 
tion  brought  to  recover  a  penalty  for  the  violation  of  any  ordi¬ 
nance  or  by-law  of  the  said  Common  Council,  except  where 
judgment  of  imprisonment  shall  be  rendered,  either  party  may 

appeal,  as  in  other  cases,  to  The  Court  of  Common  Pleas  of  the 
county  of  Hudson,  to  be  holden  next  after  the  rendering  of 
such  judgment ;  and  when  the  treasurer  of  the  said  city  shall 
be  appellant,  a  bond  executed  by  the  Mayor,  under  the  seal 
of  said  city,  without  other  surety,  shall  be  considered  a  suffi¬ 
cient  appeal  bond ;  and  when  the  judgment  shall  be  rendered 


Mayor  and  Com¬ 
mon  Council  to 
regulate  and 
pave  streets,  Ac. 


Mayor  and  Com' 
mon  Council  to 
borrow  money. 


upon  the  verdict  of  a  jury,  the  oath  required  in  such  case  may 
be  made  by  the  attorney  or  other  person  who  prosecutes  such 
action  in  behalf  of  the  said  Common  Council,  and  shall  state 
that  the  said  appeal  is  not.  intended  for  the  purpose  of  delay, 
and  that  he  verily  believes  the  appellant  hath  a  just  and  legal 
ground  of  appeal  upon  the  merits  of  the  case. 

7.  And  be  it  enacted,  That  it  shall  be  lawful  hereafter  for 
the  said  Mayor  and  Common  Council  to  exercise  the  same 
right,  power,  and  authority  in  and  over  the  Newark  turnpike 
or  avenue,  and  all  streets,  lanes,  and  alleys  now  open,  or  that 
shall  hereafter  be  opened,  within  the  limits  of  said  city ;  and 
to  regulate,  grade,  pave,  curb,  gutter,  and  drain  the  same ;  and 
to  charge,  assess,  collect,  and  receive  the  costs  and  expenses 
thereof,  upon  the  property  benefited  thereby,  in  the  same 
manner  and  to  the  same  extent,  as  by  law  they  may  in  and 
over  any  other  of  the  streets  within  the  said  city ;  Provided 
always,  that  nothing  in  this  act  contained,  shall  be  so  construed 
as  to  subject  the  said  Newark  turnpike  or  avenue,  to  any  tax 
assessment,  or  imposition  by  the  said  Mayor  and  Common 
Council  of  Jersey  City. 

8.  And  be  it  enacted.  That  this  act  shall  take  effect  imme¬ 
diately. 

Approved  February  25,  1848. 


ACT 

To  auth  orize  the  Mayor  and  Common  Council  of  Jersey  City  to 
raise  by  loan  for  a  term  of  years,  fifteen  thousand  dollars . 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  T  hat  it  shall  and  may  be  lawful  for  the  Mayor 
and  Common  Council  of  Jersey  City  to  raise  by  loan,  any  sum 
of  money  not  exceeding  fifteen  thousand  dollars,  for  a  term  of 
years,  for  the  purpose  of  paying  temporary  loans  expended  for 
permanent  improvements,  and  to  issue  the  bonds  of  said  city 
therefor,  payable  within  fifteen  years  from  the  passage  of  this 
act,  with  the  interest  thereon,  not  exceeding  seven  per  centum 
per  annum  ;  Provided  however ,  that  such  loan,  or  any  part 
thereof,  shall  not  be  raised  unless  ordered  by  a  resolution  of 


the  said  Mayor  and  Common  Council,  introduced  at  a  regular 
meeting  preceding  its  passage,  and  to  be  passed  by  at  least 
seven  concurring  votes,  at  a  regular  meeting. 

2.  And  be  it  enacted ,  That  it  shall  be  the  duty  of  the  said  Redemption  mo- 

^  ney  to  he  raised 

Mayor  and  Common  Council,  for  the  put  pose  of  redeeming  tax- 
the  said  loan,  to  raise  annually,  by  tax,  some  part  of  said  loan, 
so  that,  at  the  expiration  of  the  said  term  of  fifteen  years,  said 
loan  shall  be  fully  redeemed,  and  also,  an  annual  tax,  to  pro¬ 
vide  for  the  payment  of  the  interest  upon  said  loan  ;  Provided , 
that  the  sum  raised  each  and  every  year,  shall  equal  at  least 
five  hundred  dollars. 

3  And  be  it  enacted ,  That  this  act  shall  take  effect  imme¬ 
diately. 

Approved  February  24,  1849. 


Sit  51 1 1 


TO  SET  OFF  T  H  E 

TOWNSHIP  OF  YAN  VORST, 

IN  THE  COUNTY  OF  HUDSON. 

Sec.  1.  Be  it  enacted  by  the  Council  and  General  Assembly  Boundaries  of 
of  this  State ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  Van  Vorst. 
That  all  that  part  of  the  district  of  the  township  of  Bergen, 
lying  within  the  following  boundary:  Beginning  on  the  New 
York  bay,  or  Hoboken  cove,  at  a  place  where  the  Creek  of 
the  Woods,  or  Mill  creek  empties  into  the  same  ;  thence,  fol¬ 
lowing  said  creek  till  it  comes  to  a  sprout  of  said  creek,  which 
runs  into  Hoboken  meadow  ;  thence,  in  a  northwesterly  direc¬ 
tion,  till  it  meets  the  Hoboken  bank ;  thence  southwesterly, 
along  said  bank,  till  it  comes  to  the  upland  at  the  foot  of  the 
hill;  thence  southerly,  along  the  foot  of  the  hill,  in  a  straight 
line,  till  it  intersects  the  aforesaid  Creek  of  the  Woods,  or  Mill 
creek  ;  thence,  following  the  middle  of  said  creel^,  to  its  en¬ 
trance  in  the  Cummunepau  cove,  or  York  bay  ;  thence,  up  to 
and  along  the  line  of  Jersey  City,  to  the  place  of  beginning  ; 


114 


Inhabitants 

Incorporated. 


Town  meetings, 
when  and  where 
held. 


Elections,  Ac., 
to  be  by  ballot. 


Township  Com¬ 
mittee  to  make 
report. 


Officers  of  elec* 
tion,  how  chosen^ 


be,  and  the  same  is  hereby  set  off  from  the  said  township  of 
Bergen,  and  erected  into  a  separate  township,  to  be  known 
by  the  name  of  “  the  township  of  Van  Vorst,  in  the  county 
of  Hudson.” 

Sec.  2.  And  be  it  enacted ,  That  the  inhabitants  of  the  said 
township  of  Van  V orst  shall  be,  and  they  are  hereby  incorpo- 
porated  by  the  name  of  “  the  inhabitants  of  the  township  of 
Van  Vorst,  in  the  county  of  Hudson,”  and  vested  with,  and 
entitled  to  all  the  powei*,  privileges,  authorities  and  advan-, 
tages,  and  subject  to  the  like  regulations,  duties  and  liabilities, 
as  other  townships  in  this  State. 

Sec.  3.  And  be  it  enacted ,  That  the  inhabitants  of  the  said 
township  of  Van  Vorst  shall  hold  their  first  annual  town  meet¬ 
ing  at  the  house  of  David  Bedford,  innkeeper,  at  Harsimus, 
on  the  day  appointed  by  law  for  holding  the  annual  town 
meetings  in  the  other  townships  in  the  county  of  Hudson. 

Sec.  4.  And  be  it  enacted ,  That  the  several  township  offi¬ 
cers,  and  the  number  of  such  officers,  when  not  prescribed  by 
law,  and  all  appropriations  of  money  which  are  or  may  be 
authorized  by  law  to  be  elected  and  made,  and  the  place  or 
places  of  holding  elections  and  town  meetings,  shall  be  elect¬ 
ed,  determined,  made,  and  appointed  by  a  plurality  of  votes, 
by  ballot,  in  any  town  meetings  to  be  held  in  the  said  town¬ 
ship,  and  not  otherwise. 

Sec.  5.  And  be  it  enacted ,  That  it  shall  be  the  duty  of  the 
Township  Committee  of  said  township,  at  least  eight  days  pre¬ 
vious  to  the  annual  town  meeting  in  each  and  every  year,  to 
meet  and  make  out  a  report,  as  directed  in  the  twelfth  section 
of  the  act,  entitled  “  An  act  incorporating  the  inhabitants  of 
townships,  designating  their  powers,  and  regulating  their 
meetings and  it  shall  be  the  duty  of  the  clerk  of  said  town¬ 
ship  to  attend  said  meeting,  and  all  other  meetings  of  the  Com¬ 
mittee,  and  to  record  their  acts  and  proceedings  in  a  book  to 
be  kept  for  that  purpose,  and  to  cause  said  report  to  be  pub¬ 
lished  in  the  form  of  handbills,  or  otherwise,  as  the  said  Com¬ 
mittee  shall  direct,  for  which  the  said  clerk  shall  be  allowed 
all  reasonable  charges,  to  be  determined  by  said  Committee. 

Sec.  6.  And  be  it  enacted ,  That  at  the  first  annual  town  meet¬ 
ing  to  be  holden  in  pursuance  of  this  act,  the  inhabitants  of  said 


115 


township  entitled  by  law  to  vote  at  town  meetings,  present, 
shall,  at  the  hour  of  ten  o’clock  in  the  forenoon,  choose  three 
reputable  freeholders  as  inspectors,  and  one  reputable  free¬ 
holder  to  be  clerk  of  said  election  ;  and  the  said  inspectors  and 
clerk  shall  conduct  the  said  election,  and  be  governed  in  all 
things  as  is  hereinafter  prescribed  for  holding  the  annual  town 
meetings  in  the  said  township. 

Sec.  7.  And  be  it  enacted ,  That  the  judge  of  election,  the 
assessor  and  collector  of  said  township  of  the  preceding  year, 
shall  constitute  a  board  of  inspectors  to  conduct  and  regulate 
such  election,  who  shall  open  the  poll  at  ten  o’clock  in  the  fore¬ 
noon,  and  close  the  same  at  five  o’clock  in  the  afternoon,  shall 
take  the  same  oath,  perform  the  same  duties,  be  invested  with 
the  same  power,  liable  to  the  same  penalties,  and  conduct  the 
said  election  in  all  respects  as  is  or  may  be  directed  by  the 
laws  regulating  State  and  county  elections,  so  far  as  the  same 
are  applicable ;  and  all  persons  who  by  law  are  or  may  be 
qualified  to  vote  at  town  meetings,  shall  be  entitled  to  vote  at 
such  election ;  and  the  votes  and  ballots  shall  be  forthwith  can¬ 
vassed,  and  a  return  thereof  made  to  the  township  clerk,  who 
shall  record  and  file  the  same ;  and  that  the  officers  conduct¬ 
ing  any  township  election,  shall  not  be  disqualified  from  being 
elected  to,  or  holding  any  township  office. 

Sec.  8.  And  be  it  enacted ,  That  if  the  judge  of  election, 
assessor,  or  collector,  or  either  of  them,  shall  be  absent  or  sick 
at  the  time  and  place  of  holding  any  town  meeting,  then  the 
persons  present  at  the  time  for  opening  the  polls,  entitled  to 
vote,  shall  proceed  to  choose  a  person  or  persons  to  serve  in 
the  stead  of  him  or  them  so  absent  or  unable  to  serve,  which 
person  or  persons  so  chosen,  shall  take  the  oath  or  affirmation 
herein  before  required,  and  shall  in  all  respects  perform  the 
duties  and  services,  and  be  entitled  to  the  same  compensation, 
and  subject  to  the  like  penalties,  as  is  specified  for  the  said 
judge,  assessor  and  collector. 

Sec  9.  And  be  it  enacted ,  That  the  judge  of  election,  asses¬ 
sor,  collector,  and  clerk,  for  holding  any  annual  or  special 
township  election,  shall  severally  be  entitled  to  the  sum  of  one 
dollar  and  fifty  cents  per  day  for  their  services,  to  be  paid  by 
the  Township  Committee. 


Board o fin spec- 
tora,  their  duties. 


Vacancies,  how 
supplied. 


Compensation  to 
certain  officers. 


Committee  to  ap¬ 
portion  pro |  e*'ty, 
debts,  <Vc. 


Settlement  of 
paupers. 


Act  when  to  take 
effect. 


Sec.  10.  And  he  it  enacted ,  That  ihe  Township  Committees 
of  the  township  of  Bergen  and  the  township  of  Van  Vorst, 
shall  meet  on  the  third  Monday  of  April  next,  at  ten  o’clock 
in  the  forenoon,  at  the  public  house  of  Henry  Drayton,  in 
North  Bergen,  and  shall  then  and  there  proceed  by  writing, 
to  be  signed  by  a  majority  of  those  present,  to  allot  and  divide 
between  the  said  townships,  all  the  property  and  money  on 
hand  or  due,  in  proportion  to  the  taxable  property  and  rata- 
bles,  as  valued  and  assessed  by  the  assessor,  within  the  respec¬ 
tive  limits  of  the  said  two  townships  at  the  last  assessment,  and 
may  adjourn  the  said  meeting  from  time  to  time,  and  to  such 
time  and  place  as  a  majority  of  those  assembled  may  think 
proper;  and  the  township  of  Van  Vorst  shall  be  liable  to  pay 
their  just  proportion  of  the  debts,  if  any  there  be  ;  and  if  any 
of  the  members  of  the  said  Township  Committees  shall  neglect 
to  meet  as  aforesaid,  those  present  may  proceed  to  make  such 
division,  and  their  decision,  or  a  decision  of  a  majority  of  them, 
shall  be  final  and  conclusive. 

Sec.  11.  And  he  it  enacted ,  That  all  paupers  who  may  be 
chargeable  to  the  said  township  of  Bergen  at  the  time  this  act 
goes  into  operation,  shall  thereafter  be  chargeable  to,  and  sup¬ 
ported  by  that  township,  within  the  bounds  of  which  they  have 
acquired  their  settlements,  respectively,  or  in  which  said  pau¬ 
pers  may  have  resided  at  the  time  of  acquiring  their  respective 
settlements ;  and  all  persons  whose  present  settlements  are  in 
the  township  of  Bergen,  and  who  shall  hereafter  become 
chargeable  as  paupers,  shall  be  supported  by  that  one  of  the 
said  townships  of  Van  Vorst  and  Bergen,  within  the  bounds  of 
which  they  resided  at  the  time  of  acquiring  their  respective 
settlements. 

Sec.  12.  And  be  it  enacted,  That  this  act  shall  take  effect 
on  the  second  Monday  in  April  next,  and  not  before,  and  that 
all  persons  then  residing  within  the  limits  of  the  township  of 
Van  Vorst,  who  would  have  been  entitled  to  vote  at  the  next 
annual  town  meeting  of  the  township  of  Bergen,  if  this  act  had 
not  passed,  shall  be  entitled  to  vote  at  the  town  meeting  of  the 
said  township  of  Van  Vorst,  to  be  held  on  the  said  second 
Monday  in  April  next. 

Passed  March  11,  1841. 


1  17 


A  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

“  3n  3tt  ta  set  nff  %  Counts!)!))  of  Ihra  ^crst, 

IN  THE  COUNTY  OF  HUDSON.” 

Passed  March  11,  1841. 

Whereas,  the  inhabitants  of  the  township  of  Van  Vorst,  in  Preamble, 
the  county  of  Hudson,  have,  by  their  petition,  represented  to 
this  Legislature,  that  by  the  act  to  which  this  is  a  supplement, 
the  metes  and  bounds  of  their  said  township  have. not  been  so 
set  forth,  as  definitely  to  include  the  territory  designed  to  be 
t  set  apart  for  said  township,  and  have  also  represented,  that 
their  taxation,  as  heretofore  assessed  upon  them  under  the  ex¬ 
isting  laws  of  this  State,  is  disproportionate  and  unequal,  bear- 
„  ing  lightly  and  nominally  only,  upon  the  few  wealthy  land¬ 
holders,  but  oppressively  upon  the  large  portion  of  the  people, 
and  the  owners  of  small  freehold  estates ; — And  whereas,  it 
appears  that  the  said  township  is  composed  of  a  small  table  of 
land  adjoining  Jersey  City,  the  whole  of  which  said  township 
has  been  laid  out  into  building  lots  and  streets,  and  that  the 
same  is  rapidly  improving,  and  it  manifestly  appearing  to  be 
just  and  reasonable  that  all  said  building  lots  should  be  equally 
assessed  according  to  their  relative  value,  and  not  by  the  acre, 
in  cases  where  there  may  be  an  owner  of  such  lots  amounting 
to  twenty  acres  or  more,  as  now  assessed  ; — And  whereas,  the 
said  petitioners  have  represented,  that  it  would  conduce  to 
their  advantage  to  have  a  common  grade  or  grades  for  said 
streets  duly  established  and  fixed,  and  also  to  have  the  side¬ 
walks  therein  duly  regulated  and  paved ;  but  that  they  have 
no  adequate  power  to  effect  the  same,  or  to  provide  for  the 
other  necessary  improvements  which  their  common  welfare 
and  safety  demand,  and  have  prayed  the  aid  of  the  Legislature 
in  this  behalf;  therefore — 


15 


i  18 


Boundaries  of 
township  of 
Van  Voret. 


Assessment  of 
taxes. 


Sec.  1.  Be  it  enacted  by  the  Council  and  General  Assembly 
of  this  State,  and  it  is  hereby  enacted  by  the  authority  of  the  same , 
That  “  the  township  of  Van  Vorst,  in  the  county  of  Hudson,” 
shall  be  designated  and  known  as  all  that  part  or  district,  for¬ 
merly  a  part  of  the  township  of  Bergen,  in  said  county,  which 
lies  within  the  following  boundaries,  viz. :  beginning  in  the  mid¬ 
dle  of  the  Hudson  river  ;  thence  northwesterly  to  the  mouth  of 
the  creek  or  stream  known  as  “the  Creek  of  the  Woods,”  or 
“  Mill  creek ;”  thence  running  in  a  westerly  course  to  the  mid¬ 
dle  of  the  mouth  of  the  said  creek ;  thence  following  up  the 
centre  of  said  creek,  till  it  comes  to  the  sprout  of  said  creek, 
which  runs  into  the  Hoboken  meadow;  thence  in  a  northwest¬ 
erly  direction,  till  it  meets  the  Hoboken  embankment;  thence 
southwesterly  along  said  embankment,  till  it  comes  to  the  up¬ 
land  at  the  foot  of  the  hill ;  thence  southerly  along  the  foot  of 
the  hill,  in  a  straight  line,  till  it  intersects  the  aforesaid  “Creek 
of  the  Woods,”  or  “  Mill  creek  ;”  thence  following  the  middle 
of  said  creek,  to  its  entrance  in  the  Communipaw  cove,  or 
York  bay  ;  thence  down  said  cove  or  bay  to  the  southwesterly 
corner  of  the  Jersey  City  boundary  line;  thence  northerly 
along  the  westerly  line  of  said  boundary  line  of  Jersey  City, 
to  the  middle  of  South-Eighth  street ;  thence  easterly  along  the 
middle  of  said  street,  until  it  reaches  Harsitnus  street;  thence 
northerly  and  easterly  along  the  boundary  line  of  Jersey  City, 
to  the  centre  of  the  Hudson  river;  thence  northerly  along  the 
said  river,  to  the  place  of  beginning. 

Sec.  2.  And  be  it  enacted ,  That  the  assessor  or  assessors  of 
the  township  of  Van  Vorst,  in  the  county  of  Hudson,  hereafter 
in  assessing  all  taxes  authorized,  or  which  may  be  authorized 
by  law,  for  State,  county  and  township  purposes,  shall  assess 
and  rate  all  tracts  or  lots  of  land,  and  all  houses  and  lots  of 
land  within  the  said  township,  according  to  the  actual  value 
thereof,  to  be  rated  and  valued  at  the  discretion  of  the  said 
assessor  or  assessors,  reserving  the  same  appeal,  and  authoriz¬ 
ing  the  collection  of  the  same  in  the  same  way  and  manner,  in 
all  respects  as  is  now  or  may  hereafter  be  reserved  and  pre¬ 
scribed  by  the  laws  of  this  State ;  Provided  however ,  that  the 
proportion  or  quota  of  tax  to  be  levied  and  collected  in  said 


Proviso, 


township,  for  State  and  county  purposes,  shall  nevertheless,  be 
adjusted  and  fixed  from  year  to  year,  upon  the  same  basis  or 
ratio,  as  by  the  laws  of  this  State,  is  or  may  be  adjusted  or 
fixed  for  other  townships  in  this  State. 

Sec.  3.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful  To,fn  90m.,nitte® 

J  authorized  lo 

for  the  Town  Committee  of  said  township,  to  pass,  by  not  less  fat^strms  re"U* 
than  three  concurring  votes,  and  to  enforce  all  such  orders  as 
they  shall  from  time  to  time  judge  proper,  for  establishing  and 
fixing  the  grades  of  all  the  streets  in  said  township, — a  proper 
chart  or  map  whereof,  with  reference  to  the  necessary  monu¬ 
ments  and  plans,  they  shall  cause  to  be  filed  in  the  office  of  the 
Clerk  of  the  Court  of  Common  Pleas  of  the  county  of  Hud¬ 
son,  there  to  remain  as  evidence  in  all  cases  and  matters  rela¬ 
ting  to  said  grades  ;  and  also,  for  regulating  and  keeping  the 
said  streets  and  side-walks  in  repair;  for  abating  or  removing 
any  nuisance,  in  any  street  or  on  any  wharf,  or  in  or  upon  any 
lot  or  lots,  or  enclosure  or  other  place  or  places  in  said  town¬ 
ship  ;  for  paving,  curbing;  and  guttering  the  side-walks;  for 
regulating  and  sinking  wells  and  pumps;  for  providing  water 
reservoirs  and  aqueducts  ;  for  extinguishing  fires  ;  for  appoint¬ 
ing  and  removing  fire-wardens,  fire-engineers  and  firemen,  and 
for  prescribing  their  duties  ;  for  erecting  street  lamps  and  light¬ 
ing  the  same ;  for  erecting  and  maintaining  a  town  house  and 
school  houses,  together  with  such  other  public  buildings  as  may 
be  necessary  or  convenient  for  the  people  of  said  township. 

Sec.  4.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  said  Town  Committee 

m  .  _  .  .  authorized  tore- 

Town  Committee  of  said  township,  to  raise  by  tax,  from  year  ceive  tax  for  ex- 

_  J  penses  of  town- 

to  year,  such  sum  or  sums  of  money  as  they  may  deem  neces-  ship, 
sary,  for  defraying  the  expenses  of  establishing  and  fixing  the 
grade  or  grades  of  the  streets ;  for  regulating  and  keeping  the 
same  in  repair,  as  now  are  or  may  hereafter  be  opened  ;  for 
abating  or  removing  any  nuisance  ;  for  procuring  fire  engines ; 
for  supporting  a  night  watch,  when  necessary  ;  for  erecting 
and  maintaining  a  town  house  and  school  houses,  and  for  de¬ 
fraying  the  contingent  expenses  of  said  township,  and  for  all 
other  public  purposes  and  objects,  authorized  by  this  act,  to 
be  assessed  upon  the  persons  and  property  of  the  residents  of 
said  township,  as  is  by  law  now  or  may  be  authorized,  and 


120 


Proviio. 


Town  Committee 
to  authorize 
assessment  for 
improvements. 


upon  the  real  estate  of  residents  and  non-residents,  as  in  and 
by  the  first  section  of  this  act  is  authorized  ;  Provided ,  the  said 
Town  Committee  shall  not  raise  a  greater  sum  than  two  hun¬ 
dred  and  fifty  dollars  in  one  year,  unless  by  consent  of  a  ma¬ 
jority  of  the  voters  of  said  township,  in  town  meeting  duly  con¬ 
vened,  which  taxes  shall  be  collected  by  the  collector  of  said 
township,  and  paid  into  the  hands  of  the  said  Town  Commit¬ 
tee,  or  their  treasurer,  subject  to  the  order  and  disposition  of 
said  Town  Committee  ;  and  the  said  collector  shall  proceed 
in  all  things  as  by  the  laws  of  this  State,  township  collectors 
are  bound  to  proceed,  and  shall  be  liable  to  the  same  pains 
and  penalties  as  prescribed  in  similar  cases;  and  such  further 
proceedings  shall  thereafter  be  had,  in  cases  of  any  persons 
being  delinquent  in  paying  said  taxes,  as  now  is  prescribed  by 
the  laws  of  this  State,  for  the  collection  of  State,  county  and 
township  taxes. 

Sec.  5.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful 
for  the  said  Town  Committee,  in  each  and  every  case  where 
improvements  shall  be  prayed  for,  as  hereinafter  contemplated, 
and  orders  passed  by  the  said  Town  Committee  for  the  pur¬ 
pose,  to  appoint  three  discreet,  impartial  and  disinterested 
freeholders  of  said  township,  who  shall  be  duly  sworn  or 
affirmed,  to  assess  upon  principles  of  equity,  and  according  to 
the  benefit  which  the  owner  or  owners  thereof  may  derive 
therefrom  ;  the  real  estate  in  said  township  for  the  improve¬ 
ments  so  as  aforesaid,  to  be  made  in  the  streets  or  parts  of 
streets,  and  for  paving,  curbing  and  guttering  the  said  walks 
or  any  part  thereof ;  for  regulating  and  sinking  wells  and 
pumps  ;  for  making  reservoirs  and  aqueducts,  for  the  purpose 
of  extinguishing  fires  ;  for  erecting  street  lamps  and  lighting 
the  same :  which  said  assessment  shall  be  collected  under  and 
by  virtue  of  an  order  or  orders  for  the  purpose,  to  be  awarded 
and  issued  by  the  said  Town  Committee,  under  their  hands 
and  seal,  in  the  nature  of  a  warrant,  to  distrain  and  sell  the 
personal  estate  of  the  owner  or  owners  of  the  said  real  estate 
so  assessed,  directed  to  one  of  the  constables  of  said  township, 
whose  duty  it  shall  be  to  return  the  said  warrant  to  the  said 
Town  Committee,  within  thirty  days  thereafter,  with  the  mo- 


121 


neys  raised  thereupon  ;  and  in  case  the  moneys  therein  required 
to  be  made,  together  with  the  costs  or  any  part  thereof,  cannot 
be  made  on  the  said  warrant,  the  said  constable  shall  return  the 
said  warrant,  with  a  certificate  thereof,  within  the  said  thirty 
days  at  least,  to  the  said  Town  Committee,  after  which  time 
the  said  Committee  may  proceed  to  enforce  the  lien  hereafter 
created,  upon  the  said  real  estate  ;  Provided ,  that  no  assess- Proviso, 
ment  shall  become  final,  until  after  notice  thereof  shall  have 
been  published  by  the  said  three  assessors,  by  notice  in  wri¬ 
ting,  set  in  five  of  the  most  public  places  in  the  township,  for 
the  space  of  thirty  days  at  least,  and  until  the  same  shall  have 
been  confirmed  by  the  said  Town  Committee,  of  the  meeting 
of  which  said  Committee,  like  public  notice  shall  be  given, 
and  to  whom  any  person  aggrieved  may  at  that  time  appeal 
for  relief ;  and  provided  also,  that  no  such  assessment  shall  be 
made,  unless  upon  petition  of  the  owners  of  the  lots  interested 
in  such  improvement. 


Sec.  6.  And  be  it  enacted ,  That  the  taxes  and  assessments  Lands  may  be 
which  shall  be  assessed  or  made  upon  any  real  estate  in  said  town-  of  tax. 
ship  by  virtue  of  this  act,  shall  be  and  remain  a  lien  thereon,  for 
the  space  of  two  years  from  and  after  the  time  when  the  same 
shall  be  assessed,  notwithstanding  any  subsequent  descent,  de¬ 
vise,  alteration,  mortgage,  or  other  encumbrance  thereof ;  and 
that  if  the  full  amount  of  any  such  tax  or  assessment  shall  not 
be  paid  and  satisfied  within  the  time  limited  and  appointed  for 
the  payment  thereof,  it  shall  and  may  be  lawful  for  the  Town 
Committee  of  said  township,  to  cause  such  lands,  tenements, 
or  real  estate,  to  be  sold  at  public  auction,  for  the  shortest  time 
for  which  any  person  will  agree  to  take  the  same,  and  pay  such 
tax  or  assessment,  or  the  balance  thereof,  remaining  unpaid, 
with  the  interest  thereon,  and  all  costs,  charges  and  expenses, 
and  to  execute  under  their  hands  and  seals,  a  declaration  of 
such  sale,  and  deliver  the  same  to  the  purchaser ;  and  such 
purchaser,  his  executors,  administrators  or  assigns,  shall  by 
virtue  thereof,  lawfully  hold  and  enjoy  the  said  lands,  tene¬ 
ments,  or  real  estate,  for  his  and  their  own  use,  against  the 
owner  or  owners  thereof,  and  all  persons  claiming  under  him 
or  them,  until  his  or  her  said  time  shall  be  completed  and 


122 


Proviso. 


Act  when  to  take 
effect. 


ended;  Provided ,  that  the  said  Town  Committee  shall  have 
first  caused  such  sale  to  be  advertised  for  at  least  sixty  days, 
in  at  least  one  public  newspaper  printed  and  published  in  said 
township,  and  if  no  newspaper  shall  be  printed  and  published 
in  said  township,  then  in  at  least  one  public  newspaper  print¬ 
ed  and  published  in  this  State,  and  generally  circulated  in  said 
township,  and  also  by  advertisements  put  up  in  at  least  five 
public  places  in  the  said  township,  which  advertisements  shall 
describe  the  said  lands,  tenements,  or  real  estate,  and  specify 
the  amount  of  the  tax  or  assessment  thereon  ;  and  provided 
also,  that  the  lands,  tenements,  or  real  estate,  so  sold,  may  be 
redeemed  by  the  owner  or  owners  thereof,  or  by  the  mortgagee 
or  mortgagees  thereof,  within  two  years  from  the  day  of  the 
sale,  on  the  payment  of  the  amount  of  the  purchase  money, 
with  interest,  at  the  rate  of  twelve  per  cent,  per  annum,  from 
the  day  of  sale,  and  all  expenses  necessarily  incurred  there¬ 
upon  ;  and  provided  also,  that  in  case  the  same  shall  be  paid 
as  hereinbefore  provided  by  the  mortgagee  or  mortgagees, 
then,  and  in  that  case  the  whole  amount  of  that  payment  shall 
be  recoverable  under  and  by  virtue  of  the  mortgage  which  the 
said  mortgagee  or  mortgagees  may  hold  upon  the  said  real 
estate,  in  the  same  way  and  manner,  in  all  respects,  as  if  the 

same  were  included  in  and  intended  to  be  secured  by  the  said 

\ 

mortgage. 

Sec.  7.  And  he  it  enacted ,•  That  this  act  shall  go  into  opera¬ 
tion  on  and  after  the  second  Monday  in  April  next;  Provided , 
it  shall  be  approved  by  three-fifths  of  all  the  legal  voters  of  the 
said  township,  at  a  public  meeting  to  be  called  for  that  pur¬ 
pose,  upon  ten  days’  previous  notice  thereof,  by  written  adver¬ 
tisements,  to  be  set  up  by  the  Township  Committee  of  said 
township,  and  it  shall  then,  if  approved,  be  considered  a  pub¬ 
lic  act. 

Passed  February  29,  1844. 


% 


! 


123 

A  FURTHER  SUPPLEMENT  TO 

“  Sn  3rt  to  net  off  ttje  Cnrajjiji  of  Him  itorff 

IN  THE  COUNTY  OP  HUDSON.” 

Whereas,  by  the  seventh  section  of  an  act  supplemental  to  Preambit. 
“An  act  to  set  off  the  township  of  Van  Vorst,  in  the  county 
of  Hudson,”  which  said  supplement  was  passed  the  twenty- 
ninth  day  of  February,  A.  D.  eighteen  hundred  and  forty-four, 
it  was  enacted,  that  said  act  should  go  into  operation  on  and 
after  the  second  Monday  in  April  then  next,  provided  it  should  be 
approved  by  three-fifths  of  all  the  legal  voters  of  the  said  town¬ 
ship,  at  a  public  meeting  to  be  called  for  that  purpose,  upon 
ten  days’  previous  notice  thereof,  by  written  advertisements 
to  be  set  up  by  the  Township  Committee  of  said  township, 
and  it  should  then,  if  approved,  be  considered  a  public  act; 

And  whereas,  the  said  supplemental  act  has  been  submitted 
for  the  approval  of  the  legal  voters  of  said  township,  at  an 
election  for  that  purpose  held  in  said  township,  at  which  elec¬ 
tion  sixty-four  votes  were  given  in  favor  of  said  law,  and  three 
votes  were  given  against  the  same;  And  whereas,  doubts  have 
arisen  whether  the  whole  number  of  votes  given  at  such  elec¬ 
tion,  did  amount  to  three-fifths  of  all  the  legal  voters  of  the 
said  township,  and  doubts  have  arisen  as  to  the  validity  of  said 
supplemental  act;  And  whereas,  taxes  have  been  assessed,  un¬ 
der  the  authority  given  by  said  supplemental  act,  and  improve¬ 
ments  have  been  made  by  virtue  of  the  power  and  authority 
therein  contained  ;  now,  therefore, 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State 
of  New  Jersey ,  as  follows  : 

Sec.  1.  The  said  act  entitled  “A  supplement  to  an  act,  Former  act  de- 
entitled  ‘  An  act  to  set  off  the  township  of  Van  Vorst,  in  the 
county  of  Hudson,”  ’  passed  the  twenty-ninth  of  February,  A. 

D.  eighteen  hundred  and  forty-four,  be,  and  the  same  is  here¬ 
by  declared  to  be  valid  and  in  force ;  and  that  all  acts,  doings 
and  proceedings,  which  have  heretofore  been  had  or  done,  and 


124 


Assessments, 
how  made. 


Vacancies,  how 
supplied. 


Act  when  to  take 
effect. 


Township  Com* 
mittee  to  pass 
ordinances  for 
regulation  of 
township. 


which  shall  have  been  in  pursuance  of  the  powers  and  autho¬ 
rities  conferred  by  the  said  supplemental  act,  passed  as  afore¬ 
said,  on  the  twenty-ninth  day  of  February.  A.  D.  eighteen  hun¬ 
dred  and  forty-four,  be  declared  valid  and  operative  in  law,  in 
the  same  manner  and  to  the  same  extent,  as  if  the  said  supple¬ 
mental  act  had  become  a  law  of  this  State  on  the  second  Mon¬ 
day  in  April,  A.  D.  eighteen  hundred  and  forty-four. 

Sec.  2.  The  assessments  authorized  to  be  made  by  virtue 
of  the  said  supplemental  act,  shall  hereafter  be  made  upon 
petition  of  the  owners  of  a  majority  of  the  lots  interested  in 
such  improvement,  for  which  such  assessment  shall  be  made. 

Sec.  3.  In  case  of  a  vacancy  in  any  office  of  the  said  town¬ 
ship,  occasioned  by  death,  disqualification  to  hold  such  office, 
resignation  or  removal  from  said  township,  such  vacancy  shall 
be  filled  by  a  majority  of  the  Town  Committee  of  the  said 
township  ;  and  the  officer  or  officers  so  appointed  by  the  said 
Town  Committee,  shall  hold  their  offices  till  the  next  annual 
election  in  the  said  township,  and  till  other  officers  shall  be 
appointed  to  supply  such  vacancy. 

Sec.  4.  This  act  shall  take  effect  immediately  after  the  pas¬ 
sage  thereof. 

Approved  February  12,  1845. 


A  FURTHER  SUPPLEMENT  TO 

“  an  ait  in  at  nff  tjn  ^Dtnnsjjip  nf  fan  ftnrst,  in  tjit 

Cnnntt[  nf  Intisnn.” 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  That  it  shall  and  may  be  lawful  for  the 
Township  Committee  of  said  township  or  a  majority  of  them, 
in  committee  convened,  to  pass,  by  not  less  than  three  concur- 
ing  votes,  and  enforce  all  such  ordinances  as  they  shall  judge 
proper,  for  regulating,  cleaning,  and  keeping  in  repair  the 
side- walks,  and  for  preventing  the  encumbering  or  obstructing 


the  same  ;  and  for  preventing  persons  from  riding,  driving,  or 
passing  over  or  upon  the  said  side-walks  with  horses  or  oxen, 
or  with  wagons,  carts  or  carriages  of  any  description  ;  for 
abating  or  removing  any  nuisance  in  any  street;  and  for  pro¬ 
tecting  the  trees  and  lamps  in  said  township  ;  Provided  always , 
that  every  and  each  ordinance  so  passed  as  aforesaid,  shall  be 
published  for  the  space  of  twenty  days,  in  at  least  one  news¬ 
paper  published  or  circulated  in  said  township,  before  said 
ordinance  shall  go  into  effect. 

2.  And  be  it  enacted ,  That  this  act  shall  take  effect  immedi¬ 
ately. 

Approved  March  26,  1846. 


To  amend  the  several  Acts  relating  to  the  township  of  Van  Vorst, 
in  the  County  of  Hudson,  passed,  respectively ,  on  the  twenty - 
ninth  of  February ,  eighteen  hundred  and  forty  four,  on  the 
twelfth  of  February,  eighteen  hundred  and  fifty -five,  and  on 
the  twenty-sixth  of  March ,  eighteen  hundred  and  forty-six . 

Whereas  the  inhabitants  of  the  township  of  Van  Vorst,  in 
the  county  of  Hudson,  have  by  their  petition,  represented  to 
this  Legislature,  that,  by  the  act  to  which  this  is  a  supplement, 
the  metes  and  bounds  of  their  said  township  have  not  been  so 
set  forth  as  definitely  to  include  the  territory  designed  to  be 
set  apart  for  said  township  ;  and  have  also  represented  that 
their  taxation,  as  heretofore  assessed  upon  them  under  the 
existing  laws  of  this  State,  is  disproportioned  and  unequal, 
bearing  lightly  and  nominally  only  upon  the  few  wealthy  land¬ 
holders,  but  oppressively  upon  the  large  portion  of  the  people 
and  the  owners  of  small  freehold  estates ;  and  whereas  it 
appears  that  the  said  township  is  composed  of  a  small  table  of 
land,  adjoining  Jersey  City,  the  whole  of  which  said  township 
has  been  laid  out  into  building  lots  and  streets,  and  that  the 
same  is  rapidly  improving  ;  and  it  manifestly  appearing  to  be 
just  and  reasonable  that  all  said  building  lots  should  be  equally 

16 


Act  when  to  take 
effect. 


Preamble. 


Boundaries  of 
township. 


\ 


126 

assessed  according  to  their  relative  value,  and  not  by  the  acre, 
in  cases  where  there  may  be  an  owner  of  such  lots  amounting 
to  twenty  acres  or  more,  as  now  assessed  ;  and  whereas  the 
petitioners  have  represented  that  it  would  conduce  to  their 
advantage  to  have  a  common  grade  or  grades  for  said  streets 
duly  established  and  fixed,  and  aj^o  to  have  the  side-walks 
therein  duly  regulated  and  paved,  and  the  streets  therein 
paved,  flagged,  McAdamized,  or  gravelled,  but  that  they  have 
no  adequate  power  to  effect  the  same,  or  to  provide  for  the 
other  necessary  improvements  which  their  common  welfare 
and  safety  demand,  and  have  prayed  the  aid  of  the  Legislature 
in  this  behalf,  therefore — 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  That  the  township  of  Van  Vorst,  in  the 
county  of  Hudson,  shall  be  designated  and  known  as  all  that 
part  or  district,  formerly  a  part  of  the  township  of  Bergen,  in 
said  county,  which  lies  within  the  following  boundaries,  viz  : 
beginning  in  the  middle  of  the  Hudson  river;  thence  north¬ 
westerly  to  the  mouth  of  the  creek  or  stream  known  as  the 
Creek  of  the  Woods  or  Mill  creek;  thence  running  in  a  wes¬ 
terly  course  to  the  middle  of  the  mouth  of  the  said  creek  ; 
thence  following  up  the  centre  of  said  creek  till  it  comes  to 
the  sprout  of  said  creek  which  runs  into  the  Hoboken  meadow ; 
thence  in  a  north-westerly  direction  till  it  meets  the  Hoboken 
embankment ;  thence  southwesterly  along  said  embankment 
till  it  comes  to  the  upland  at  the  foot  of  the  hill;  thence 
southerly  along  the  foot  of  the  hill,  in  a  straight  line,  till  it 
intersects  the  aforesaid  Creek  of  the  Woods  or  Mill  creek; 
thence  following  the  middle  of  said  creek  to  its  entrance  in  the 
Communipaw  cove,  or  York  bay  ;  thence  down  said  cove  or 
bay  to  the  south-westerly  corner  of  the  Jersey  City  boundary 
line  ;  thence  northerly  along  the  westerly  line  of  said  boun¬ 
dary  line  of  Jersey  City  to  the  middle  of  South  Eighth  street; 
thence  easterly  along  the  middle  of  said  street  until  it  reaches 
Harsimus  street;  thence  northerly  and  easterly  along  the 
boundary  line  of  Jersey  City  to  the  centre  of  the  Hudson 
river;  thence  northerly  along  the  said  river  to  the  place  of  be¬ 
ginning. 


127 


2.  And  be  it  enacted,,  That  the  assessor  or  assessors  of  Taxes,  liow 

assessed. 

the  township  of  Van  Vorst,  in  the  county  of  Hudson,  in  assess¬ 
ing  all  taxes  authorized,  or  which  may  be  authorized  by  law, 
for  State,  county,  and  township  purposes,  shall  assess  and  rate 
all  tracts  or  lots  of  land,  and  all  houses  and  lots  of  land  within 
the  said  township,  according  to  the  actual  value  thereof,  to  be 
rated  and  valued  at  the  discretion  of  the  said  assessor  or 
assessors,  reserving  the  same  appeal,  and  authorizing  the  col¬ 
lection  of  the  sa^te,  in  the  same  way  and  manner,  in  all  res¬ 
pects,  as  is  now  or  may  hereafter  be  reserved  and  prescribed 
by  the  laws  of  this  State  ;  Provided  however ,  that  the  propor¬ 
tion  or  quota  of  tax  to  be  levied  and  collected  in  said  township 
for  State  and  county  purposes,  shall  nevertheless  be  adjusted 
and  fixed  from  year  to  year  upon  the  same  basis  or  ratio,  as  by 
the  laws  of  this  State  is  or  may  be  adjusted  or  fixed  for  other 
townships  in  this  State. 

3.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful  for  the  Duties  and 
Township  Committee  of  said  township,  or  a  majority  of  them,  shi^Committee. 
in  Committee  convened,  to  pass,  by  not  less  than  three  con¬ 
curring  votes,  and  enforce  all  such  ordinances  as  they  shall 
from  time  to  time  judge  proper  for  establishing  and  fixing  the 
grades  of  all  the  streets  in  said  township,  a  proper  chart  or 
map  whereof,  with  references  to  the  necessary  monuments 
and  plans,  they  shall  cause  to  be  filed  in  the  office  of  the  Clerk 
of  the  Court  of  Common  Pleas  of  the  county  of  Hudson,  there 
to  remain  as  evidence  in  all  cases  and  matters  relating  to  said 
grades  ;  and  also  for  regulating  and  keeping  the  said  streets 
and  side-walks  in  repair,  and  for  preventing  the  encumbering 
or  obstructing  any  street  or  streets,  or  any  of  the  side-walks ; 
for  preventing  persons  from  riding,  driving,  or  passing  over 
or  upon  any  of  the  side-walks  with  horses  or  oxen,  or  with 
wagons,  carriages,  or  carts,  of  any  description,  and  for  pro¬ 
tecting  the  trees,  lamp  posts  and  lamps;  for  preventing  and 
regulating  the  running  at  large  of  cattle,  horses,  dogs,  and 
swine ;  for  abating  or  removing  any  nuisance  in  any  street  or 
on  any  wharf,  or  in  or  upon  any  lot  or  lots  or  enclosure,  or 
other  place  or  places  in  said  township ;  for  flagging,  curbing, 
and  guttering  the  side-walks  ;  for  paving,  flagging,  McAdam- 


128 


Township  Com¬ 
mittee  to  raise 
tax. 


izing,  or  gravelling  any  street  or  streets;  for  regulating  and 
sinking  wells  and  pumps ;  for  providing  water,  reservoirs, 
and  acqueducts  for  extinguishing  fires;  for  making  sewers ; 
for  appointing  and  removing  fire  wardens,  fire  engineers,  and 
firemen,  and  for  prescribing  their  duties  ;  for  erecting  street 
lamps;  for  erecting  and  maintaining  a  town-house  and  school- 
house,  and  purchasing  sufficient  ground  for  the  use  of  the 
same,  together  with  such  other  public  buildings  as  may  be 
necessary  or  convenient  for  the  people  of  said  township  ;  Pro¬ 
vided  always,  that  every  and  each  ordinance,  so  passed  as 
aforesaid,  shall  be  published  for  the  space  of  four  weeks,  at 
least  once  a  week,  in  at  least  one  newspaper  published  or 
circulated  in  said  township,  before  said  ordinance  shall  go  into 
effect. 

4.  And  be  it  enacted,  That  it  shall  and  may  be  lawful  for  the 
said  Township  Committee  of  said  township  to  raise  by  tax, 
from  year  to  year,  such  sum  or  sums  of  money  as  they  may 
deem  necessary  for  defraying  the  expenses  of  establishing  and 
fixing  the  grade  or  grades  of  streets,  for  regulating  and  keep¬ 
ing  the  same  in  repair,  as  now  or  may  hereafter  be  opened  ; 
for  abating  or  removing  any  nuisance;  for  procuring  fire- 
engines  and  building  engine-houses ;  for  supporting  a  night- 
watch  when  necessary ;  and  for  defraying  the  contingent  ex¬ 
penses  of  said  township,  and  for  all  other  public  purposes  and 
objects  authorized  by  this  act,  to  be  assessed  upon  the  persons 
and  property  of  the  residents  of  said  township,  as  is  by  law 
now  or  may  be  authorized,  and  upon  the  real  estate  of  resi¬ 
dents  and  non-residents,  as  in  and  by  the  first  section  of  this  act 
is  authorized;  Provided,  the  said  Township  Committee  shall 
not  raise  a  greater  sum  than  two  hundred  and  fifty  dollars  in 
one  year,  which  sum  may  be  increased  to  one  thousand  dollars, 
by  consent  of  a  majority  of  the  voters  of  said  township,  in 
town  meeting  duly  and  lawfully  convened ;  which  taxes  shall 
be  assessed  by  the  assessor,  and  collected  by  the  collector  of 
said  township,  and  paid  into  the  hands  of  the  treasurer  of  the 
said  township,  subject  to  the  order  and  disposition  of  said 
Township  Committee  ;  and  the  said  assessor  and  collector  shall 
proceed  in  all  things  as  by  the  laws  of  this  State  township 
assessors  and  collectors  are  bound  to  proceed,  and  shall  be 


129 


liable  to  the  same  pains  and  penalties  as  prescribed  in  similar 
cases  ;  and  such  further  proceedings  shall  hereafter  be  had  in 
case  of  any  persons  being  delinquent  in  paying  said  taxes,  as 
now  is  prescribed  by  the  laws  of  this  State  for  the  collection 
of  State,  county,  and  township  taxes. 

5.  And  be  it  enacted ,  That  it  shall  and  may  be  lawful  for  Township  Com- 

^  .  mittee  to  pur* 

the  said  lownship  Committee  of  said  township  to  purchase  chase  lands  and 
.  n  „  .  .  erect  public 

sufficient  lands  for  the  erection  of  a  town-house,  school-house,  buildings. 

and  engine-houses,  and  give  a  bond  and  mortgage  for  the  pur¬ 
chase  money ;  which  said  bond  and  mortgage  shall  be  given 
in  the  name  of  the  inhabitants  of  the  township  of  Von  Vorst, 
and  signed  by  the  Township  Committee,  under  their  hands 
and  seals;  and  also  to  borrow  a  sum  of  money,  not  exceeding 
six  thousand  dollars,  for  the  erecting  and  completing  said  build¬ 
ings,  by  issuing  township  bonds  in  sums  of  not  less  than  one 
hundred  dollars  each  ;  which  bonds  shall  be  in  the  name  of  the 
inhabitants  of  the  township  of  Van  Vorst,  and  signed  by  the 
Township  Committee,  under  their  hands  and  seals,  and  bear¬ 
ing  interest  at  six  per  cent,  per  annum. 

6.  And  be  it  enacted, ,  That  it  shall  and  may  be  lawful  for  Assessments, 
the  said  Township  Committee,  in  each  and  every  case  when  collected, 
improvements  shall  be  prayed  for,  as  hereinafter  contemplated, 

and  an  ordinance  passed  by  the  said  Township  Committee  for 
the  purpose,  to  appoint  three  discreet,  impartial,  and  disinter¬ 
ested  freeholders  of  said  township,  who  shall  be  duly  sworn  or 
affirmed  to  assess,  upon  principles  of  equity  and  according  to 
the  benefit  which  the  owner  or  owners  thereof  may  derive 
therefrom,  the  real  estate  in  said  township,  for  the  improve¬ 
ments  so  as  aforesaid  to  be  made  in  the  streets  or  parts  of 
streets,  and  for  flagging,  curbing,  and  guttering  the  side- walks 
or  any  part  thereof,  and  for  paving,  flagging,  McAdamizing,  or 
gravelling  any  street  or  streets  of  said  township,  for  regulating 
and  sinking  wells  and  pumps,  for  making  reservoirs  and  aque¬ 
ducts  for  the  purpose  of  extinguishing  fires  and  for  erecting 
street  lamps  ;  which  said  assessment  shall  be  collected  under  Penalties,  how 
and  by  virtue  of  an  order  or  orders  for  the  purpose,  to  be 
awarded  and  issued  by  the  said  Township  Committee,  under 
their  hands  and  seals,  in  the  nature  of  a  warrant  to  distrain 
and  sell  the  personal  estate  of  the  owner  or  owners  of  the  said 


« 


130 


Lands  may  be 
sold  for  non¬ 
payment  of  tax. 


real  estate  so  assessed,  directed  to  one  of  the  constables  of 
said  township,  whose  duty  it  shall  be  to  return  the  said  war¬ 
rant  to  the  said  Township  Committee  within  thirty  days  there¬ 
after,  with  the  moneys  raised  thereupon  ;  provided,  that  no 
distress  shall  be  made  by  virtue  of  the  said  warrant  until  de¬ 
mand  made  by  the  said  constable  for  the  payment  of  such 
assessment  or  assessments,  and  refusal  or  neglect  of  payment 
for  the  space  of  ten  days  after  such  demand ;  and  in  case  the 
moneys  therein  required  to  be  made,  together  with  the  costs, 
or  any  part  thereof,  cannot  be  made  on  the  said  warrant,  the 
said  constable  shall  return  the  said  warrant,  with  a  certificate 
thereof,  within  the  said  thirty  days,  to  the  said  Township  Com¬ 
mittee,  after  which  time  the  said  committee  may  proceed  to 
enforce  the  lien  hereinafter  created  upon  the  said  real  estate ; 
provided ,  that  no  assessments  shall  become  final  until  after 
notice  thereof  shall  have  been  published  by  the  said  three 
assessors,  by  notice  in  writing  set  up  in  five  of  the  most  public 
places  in  the  township,  for  the  space  of  thirty  days  at  least,  and 
until  the  same  shall  have  been  confirmed  by  the  said  Town¬ 
ship  Committee  ;  of  the  meeting  of  the  said  committee  for  that 
purpose,  like  public  notice  shall  be  given,  and  to  whom  any 
person  aggrieved  may  at  that  time  apply  for  relief;  And  pro¬ 
vided  also,  that  no  such  assessment  shall  be  made  unless  upon 
petition  of  the  owneis  of  a  majority  of  the  lots  interested  in 
such  improvement  for  which  such  assessment  shall  be  made. 

7.  And  be  it  enacted,  That  the  taxes  and  assessments  which 
shall  be  assessed  or  made  upon  any  real  estate  in  the  said 
township,  by  virtue  of  this  act,  shall  be  and  remain  a  lien 
thereon  for  a  space  of  two  years  from  and  after  the  time  when 
the  same  shall  be  assessed,  notwithstanding  any  subsequent 
descent,  devise,  alienation,  mortgage,  or  other  encumbrance 
thereof;  and  that  if  the  full  amount  of  any  such  tax  or  assess¬ 
ment  shall  not  be  paid  and^  satisfied  within  the  time  limited 
and  appointed  for  the  payment  thereof,  it  shall  and  may  be 
lawful  for  the  Township  Committee  of  said  township  to  cause 
the  said  lands,  tenements,  or  real  estate  to  be  sold  at  public 
auction,  for  the  shortest  time  for  which  any  person  will  agree 
to  take  the  same  and  pay  such  tax  or  assessment,  or  the 
balance  thereof  remaining  unpaid,  with  the  interest  thereon, 


and  all  costs,  charges,  and  expenses,  and  to  execute,  under 
their  hands  and  seals,  a  declaration  of  such  sale,  and  deliver 
the  same  to  the  purchaser  ;  and  such  purchaser,  his  executors, 
administrators,  or  assigns  shall,  by  virtue  thereof,  lawfully  hold 
and  enjoy  the  said  lands,  tenements,  or  real  estate,  for  his  and 
their  own  use,  against  the  owner  or  owners  thereof,  and  all 
persons  claiming  under  him  or  them,  until  his  or  her  said  time 
shall  be  complete  and  ended;  Provided ,  that  the  said  Town¬ 
ship  Committee  shall  have  first  caused  such  sale  to  be  adver¬ 
tised,  at  least  once  a  week  of  eight  weeks,  in  at  least  one  pub¬ 
lic  newspaper  printed  and  published  in  said  township,  and  if 
no  newspaper  shall  be  printed  and  published  in  said  township, 
then  in  at  least  one  public  newspaper  printed  and  published 
in  the  county  of  Hudson,  and  generally  circulated  in  said 
township,  and  also,  by  advertisements  put  up  in  at  least  in  five 
public  places  in  said  township,  (all  of  which  advertisements 
shall  be  signed  by  the  chairman  of  the  Township  Committee, 
and  attested  by  the  clerk  of  the  township,)  which  advertise¬ 
ments  shall  fully  describe  the  said  lands,  tenements,  or  real 
estate,  and  specify  the  amount  of  the  tax  or  assessment  there¬ 
on  ;  And  provided  also ,  that  the  lands,  tenements,  or  real  estate 
so  sold  may  be  redeemed  by  the  owner  or  owners  thereof,  or 
by  the  mortgagee  or  mortgagees  thereof,  within  two  years 
from  the  day  of  sale,  on  the  payment  of  the  amount  of  the  pur¬ 
chase  money,  with  interest,  at  the  rate  of  twelve  per  cent,  per 
annum,  from  the  day  of  sale,  and  all  expenses  necessarily 
incurred  thereon ;  And  provided  also,  that  in  case  the  same 
shall  be  paid,  as  hereinbefore  provided,  by  the  mortgagee  or 
mortgagees,  then  and  in  that  case  the  whole  amount  of  that 
payment  shall  be  recovered  under  and  by  virtue  of  the  mort¬ 
gage  which  the  said  mortgagee  or  mortgagees  may  hold  upon 
the  said  real  estate,  in  the  same  way  and  manner,  in  all  res¬ 
pects,  as  if  the  same  were  included  in  and  intended  to  be 
secured  by  the  said  mortgage. 

8.  And  be  it  enacted,  That  it  shall  and  may  be  lawful  for  Township  Com- 

,  rr  1  •  ^  i  .  .  .  .  mittee  may  pas» 

the  iownship  Committee  of  said  township,  or  a  majority  of  by-laws,  a.  q. 
them,  in  Committee  convened,  by  not  less  than  three  concurr¬ 
ing  votes,  to  pass  and  enforce  all  such  by-laws  and  ordinances 
as  may  be  found  expedient  to  carry  into  effect  the  powers 


132 


hereby  granted  to  said  Township  Committee,  and  to  impose 
reasonable  penalties  for  the  breaches  or  for  the  non-observance 
thereof,  not  exceeding  the  sum  of  twenty -five  dollars  for  any 
one  offence ;  Provided,  such  by-laws  and  ordinances  be  not 
contrary  to  the  constitution  or  legislative  acts  of  this  State  or 
of  the  United^States  ;  and  all  penalties  inflicted  by  the  by-laws 
or  ordinances  of  the  Township  Committee,  may  be  sued  for  and 
recovered,  with  costs,  in  an  action  of  debt,  in  the  name  of  the 
treasurer  of  the  said  township,  for  the  use  of  the  township, 
without  specifying  the  individual  name  of  the  treasurer  of  said 
township  for  the  time  being,  before  any  justice  of  the  peace 
residing  in  the  county  of  Hudson;  in  which  action  the  first 
process  may  be  either  by  summons  or  warrant,  and  in  which 
action  it  shall  be  lawful  to  declare  generally  in  debt,  for  such 
penalty,  and  give  the  special  matter  in  evidence;  and  that 
upon  the  trial  of  any  issue,  or  upon  the  judicial  investigation 
of  any  fact,  to  which  issue  or  investigation  the  inhabitants  of 
the  township  of  Van  Vorst  or  the  treasurer  of  the  township  of 
Van  Vorst  are  a  party,  or  in  which  they,  or  either  of  them,  are 
interested,  no  person  shall  be  deemed  an  incompetent  witness 
or  juror  by  reason  of  his  being  an  inhabitant,  freeholder,  or 
freeman  of  said  township  ;  and  that  if  any  person  shall  be  sued 
or  impleaded  by  reason  of  anything  done  by  virtue  of  this  act, 
it  shall  be  lawful  for  such  person  to  plead  the  general  issue, 
and  give  this  act  and  the  special  matter  in  evidence  at  the  trial. 

Treasurer,  how  9.  And  be  it  enacted,  That  it  shall  be  the  duty  of  the  Town- 

elected.  _  #  J 

ship  Committee,  at  their  first  annual  meeting,  to  elect  by  not 
less  than  three  concurring  votes,  a  suitable  person,  being  a  free¬ 
holder  and  resident,  who  shall  be  treasurer  of  the  township  for 
one  year  and  until  another  person  is  eleeted  in  his  place,  who, 
before  entering  upon  the  duties  of  his  office,  shall  enter  into 
bond  to  the  township,  with  such  security  and  in  such  amount 
as  the  Township  Committee  shall  approve,  conditioned  for  the 
faithful  performance  of  the  duties  of  said  office. 

Vacancies,  how  10*  And  be  it  enacted,  That  in  case  of  a  vacancy  in  any 

supplied.  office  of  the  said  township,  occasioned  by  death,  disqualifica¬ 
tion  to  hold  such  office,  resignation,  or  removal  from  said 
township,  or  in  case  of  a  tie  vote  at  an  annual  election,  such 
vacancy  shall  be  filled  by  a  majority  of  the  Township  Com- 


133 


mittee  of  the  said  township,  in  Committee  convened  ;  and  the 
officer  or  officers  so  appointed  by  the  Township  Committee 
shall  hold  their  office  till  the  next  annual  election  in  the  said 
township,  and  till  other  officers  shall  be  appointed  to  supply 
such  vacancy. 

11.  And  be  it  enacted ,  That  the  acts  entitled  “  A  supple-  Farmer  acta 

1  1  repealed. 

mentto  the  act  entitled  an  act  to  set  off  the  township  of  Van 
Vorst,  in  the  county  of  Hudson,  passed  March  eleventh, 
eighteen  hundred  and  forty-one,”  passed  February  twenty- 
ninth,  eighteen  hundred  and  forty-four,  “  A  further  supple¬ 
ment  to  an  act  to  set  off  the  township  of  Van  Vorst,  in  the 
county  of  Hudson,”  passed  February  twelfth,  eighteen  hun¬ 
dred  and  forty-five,  and  “A  further  supplement  to  an  act  to 
set  off  the  township  of  Van  Vorst,  in  the  county  of  Hudson,” 
passed  March  twenty-sixth,  eighteen  hundred  and  forty-six,  be, 
and  the  same  are  hereby  repealed ;  Provided  nevertheless,  that 
such  repeal  shall  not  render  ineffectual  any  thing  lawfully  done 
under  and  by  virtue  of  said  acts. 

12.  And  be  it  enacted ,  That  this  act  shall  take  effect  imme¬ 
diately. 

Approved  February  25,  1848. 


AKT  ACT 

To  enable  the  township  of  Van  Vorst,  in  the  county  of  Hudson,  to 
grade,  pave,  curb ,  and  drain  the  Newark  turnpike  road  within 
its  limits. 


Whereas  the  township  of  Van  Vorst,  in  the  county  of  Preamble, 
Hudson,  has  become  so  populous  as  to  render  it  desirable  to 
have  the  Newark  turnpike  road,  or  avenue,  regulated,  graded, 
paved,  curbed,  and  drained,  and  for  that  purpose  to  exercise 
jurisdiction  over  so  much  of  the  said  turnpike  road  as  lies 
within  the  aforesaid  township — therefore, 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  Township  of  van 

^  J  Vorst  may  make 

of  New  Jersey,  That  it,  shall  be  lawful  for  the  township  of  Van  contracts  with 

r  eompany. 

Vorst  to  make  any  contract  or  contracts  with  the  Newark 

17 


134 


Preamble. 


Turnpike  Company  for  regulating,  grading,  paving,  curbing, 
and  draining  that  part  of  the  Newark  turnpike  road,  or  avenue, 
which  lies  within  the  said  township  of  Van  Vorst,  or  so  much 
thereof,  as  shall  from  time  to  time  be  agreed  upon  by  the  res¬ 
pective  parties,  so  as  to  give  the  same  authority  over,  and 
power  and  right  to  improve  the  said  turnpike  road,  or  avenue, 
to  the  said  township,  as  it  now  possesses  by  law  over  other 
streets  or  avenues  in  said  township ;  provided  always ,  that 
nothing  in  this  act  contained  shall  be  so  construed  as  to  sub- 
ject  the  said  Newark  turnpike  road,  or  avenue,  to  any  tax, 
assessment  or  imposition,  other  than  shall  be  assented  to  by 
them  under  and  by  virtue  of  this  act. 

Approved  February  28,  1S49. 


A  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

“  Sin  art  In  nmtni  tljs  smral  arts  rrtating  tn  (Enranaliip: 
nf  'Ban  Brat,  in  tjji  itnnntij  nf  Iniisnn  ” 

Passed,  respectively ,  on  the  twenty-ninth  of  February ,  eighteen 
hundred  and  forty  four,  on  the  twelfth  of  February,  eighteen 
hundred  and  forty-five,  on  the  twenty-sixth  of  March,  eighteen 
hundred  and  forty-six,  on  the  twenty-fifth  of  February ,  eighteen 
hundred  and  forty-eight. 

Whereas  it  is  represented  to  this  Legislature,  by  petition 
of  the  inhabitants  of  the  township  of  Van  Vorst,  in  the  county 
of  Hudson,  that  the  law,  to  which  this  is  a  supplement,  is  in¬ 
adequate  and  insufficient  to  meet  the  just  and  reasonable 
demands  of  the  people  of  said  township,  now  rapidly  increas¬ 
ing  in  population  and  improvements,  and  that  it  is  immediately 
necessary  that  their  Town  Committee  should  have  the  further 
powers  of  constructing  drains  and  sewers  in  their  streets  and 
avenues,  and  of  lighting  the  said  streets  and  avenues — there¬ 
fore, 


1.  Bf.  it  enacted  by  the  Senate  and  General  Assembly  of  the  Township  Com- 

J  u  mittee  author- 

State  of  New  Jersey.  That  it  shall  be  lawful  for  the  Township  teed  to  pas*  laws 

^  1  for  constructing 

Committee  of  the  township  of  Van  Vorst,  in  Committee  con-  drains, 
vened,  to  pass  by  not  less  than  three  concurring  votes,  and  to 
enforce  all  such  ordinances  as  they  shall  judge  proper  for  the 
construction  of  common  drains  and  sewers,  with  all  necessary 
culverts  and  receiving  basins,  in  the  streets,  roads,  avenues,  and 
alleys  in  said  township,  upon  the  petition  in  writing  of  the 
owners  of  more  than  one  half  part  of  the  lands  to  be  benefited 
and  drained  thereby ;  and  to  assess  the  costs  and  expenses 
thereof,  including  all  incidental  charges,  upon  the  lands  bene¬ 
fited  by  such  drain  or  drains, sewer  or  sewers;  and  to  collect 
the  same  in  the  same  manner  as  in  and  by  the  law  to  which 
this  is  a  supplement,  is  provided  for  collecting  the  costs  and 
expenses  of  paving  and  grading  the  said  streets ;  and  for  this 
purpose  the  costs,  expenses,  and  charges  of  said  drains  or 
sewers  shall,  in  like  manner,  be  a  lien  upon  the  said  lands  so 
benefited  thereby. 

2.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  said  Town  May  pass  ordi- 

..  ,  .  .  nances  for  lamp 

Committee  in  Committee  convened,  to  pass  by  not  less  than  posts,  <kc. 

three  concurring  votes,  and  to  enforce  all  such  ordinances  as 
they  shall  deem  proper  for  the  purpose  of  providing  lamps, 
lamp  posts,  and  for  lighting  and  keeping  the  same  lighted,  in 
the  lamp  district  of  said  township  ;  the  said  lamp  district  shall 
begin  at  the  north-west  corner  of  Brunswick  and  North  First 
streets;  thence  easterly  along  North  First  street  to  the  corner 
of  Grove  street ;  thence  along  Grove  street  southerly,  to  the 
south  side  of  Pavonia  Avenue ;  thence  easterly,  to  Prospect 
street;  thence  southerly,  to  South  Eighth  street;  thence  wes¬ 
terly  to  Grove  street;  thence  southerly,  along  Grove  and 
Kellogg  streets,  to  the  Morris  canal ;  thence  westerly,  to  Jer¬ 
sey  street ;  thence  northerly,  to  Railroad  Avenue ;  thence 
westerly,  to  Gilbert  street;  thence  northerly,  across  Railroad 
Avenue  until  it  strikes  Brunswick  street ;  thence  along  the 
said  street  to  the  place  of  beginning. 

3.  And  be  it  enacted,  That  the  majority  of  the  voters  at  the  Money  for  lamp* 
annual  town  meeting  in  said  township  may  determine,  vote,  raised.°W  t0  b* 
grant,  and  raise  such  sum  of  money  as  may  be  necessary  for 

the  purpose  of  providing  lamps,  lamp  posts,  and  for  lighting 


Amount  of 
money  to  be 
raised- 


interest  on 
assessments. 


and  keeping  the  lamps  lighted  in  the  lamp  district  of  said  town¬ 
ship  ;  which  sum  shall  be  assessed,  levied,  and  collected  in  the 
said  lamp  district  as  other  taxes  are  raised  for  township  pur¬ 
poses,  viz  :  of  the  persons  and  property  of  the  residents  of  the 
said  district  and  the  property  of  non-residents ;  and  which 
said  sum  or  sums,  so  voted,  raised,  and  granted,  shall  be  applied, 
by  and  under  the  direction  of  the  Town  Committee  of  said 
township,  for  the  purposes  herein  indicated. 

4.  And  be  it  enacted ,  That  the  voters  of  said  township,  at 
their  annual  town  meeting,  may,  by  a  majority  of  the  votes 
cast,  vote,  raise,  and  grant,  for  township  purposes,  any  sum 
not  exceeding  in  the  whole  for  all  township  purposes,  includ¬ 
ing  the  expenses  of  the  lamp  district,  the  sum  of  eight  thousand 
dollars. 

5.  A nd  be  it  enacted, ,  That  it  shall  be  lawful  for  the  said 
Township  Committee  to  charge,  receive,  and  collect  interest, 
at  the  rate  of  six  per  centum  per  annum,  upon  all  assessments 
for  improvements  authorized  by  this  act,  or  the  acts  to  which 
this  is  a  supplement,  from  and  after  the  expiration  of  thirty 
days  from  the  confirmation  of  any  such  assessment  by  the  said 
Township  Committee,  until  the  same  is  paid  ;  and  if  any  such 
assessment  shall  remain  unpaid  for  the  space  of  ninety  days 
from  the  date  of  the  confirmation  thereof,  then  it  shall  be  law¬ 
ful  for  the  said  Township  Committee  to  charge,  receive,  and 
collect  interest  thereon,  at  the  rate  of  twelve  per  centum  per 
annum,  from  the  date  of  the  confirmation  of  the  said  assess¬ 
ment,  as  aforesaid ;  and  such  interest  shall  be  and  remain  a 
lien  upon  the  said  real  estate,  and  the  payment  thereof  shall 
be  enforced  in  the  manner  provided  in  the  said  act  to  which 
this  is  a  supplement. 

6.  And  be  it  enactedi  That  this  act  shall  take  effect  immedi* 
ately. 

Approved  March  6,  1850. 


IS  7 


3tt  let  to  incorjinrate  tbe  3etsstj  Citq  ©as  Iigj)t 

©mngattg. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  Names  of  cor* 

porators. 

State  of  New  Jersey,  That  Peter  McMartin,  Benjamin  O.  Edge, 

Andrew  Clerk,  Peter  Bentley,  and  Erastus  Randall,  and  all 
and  every  person  or  persons  who  may  become  subscribers, 
according  to  the  mode  hereinafter  prescribed,  and  their  suc¬ 
cessors,  are  hereby  created  a  body  politic  and  corporate  in 
fact,  by  the  name  of  “  The  Jersey  City  Gas  Light  Company,”  ^or* 

and  by  the  said  name,  the  said  corporation  shall  have  power  general  powers, 
and  authority  to  manufacture,  make,  and  sell  gas,  to  be  made 
of  bituminous  coal  or  other  materials,  for  the  purpose  of  light¬ 
ing  the  streets,  buildings,  manufactories,  and  other  places, 
situated  in  Jersey  City  and  vicinity. 

2.  And  be  it  enacted ,  That  the  said  corporation  shall  be  em-  Company  author. 

.  ized  to  lay  pipes. 

powered  to  lay  down  their  gas  pipes,  and  to  erect  gas  posts, 
burners,  and  reflectors,  in  the  streets,  alleys,  lanes,  avenues, 
and  public  grounds  of  Jersey  City  and  vicinity,  and  to  do  all 
things  necessary  to  light  the  said  Jersey  City  and  vicinity,  and 
the  dwellings,  stores  and  other  places  situated  therein,  with 
gas  ;  Provided ,  that  the  public  travel  shall  at  no  time  be  af¬ 
fected  or  impeded  by  the  laying  of  the  said  pipes  or  the  erec¬ 
tion  of  the  said  posts ;  and  the  streets,  side  and  cross-walks, 
public  grounds,  lanes,  and  avenues  shall  not  be  injured,  but 
shall  be  left  in  as  good  and  perfect  condition  as  before  the 
laying  of  the  said  pipes  or  erection  of  the  said  posts. 

3.  And  be  it  enacted,  That  Erastus  Randall,  Peter  Bentley,  Commissioners 

i  *  -«  ,  ,  ,  .  ,  .  .  „  to  open  books  of 

and  Andrew  Clerk  are  hereby  appointed  commissioners  for  subscription, 
receiving  subscriptions  for  the  sum  of  sixty  thousand  dollars, 
to  constitute  the  capital  stock  of  the  said  corporation,  in  shares 
of  twenty  dollars  each  ;  and  the  said  commissioners,  or  a  ma¬ 
jority  of  them,  shall  open  books  for  that  purpose,  at  such  time 
and  in  such  place  or  places,  within  this  State,  as  they  shall 
designate  by  a  public  advertisement,  to  be  previously  inserted, 
for  at  least  three  weeks,  in  a  newspaper  printed  in  Jersey 


J38 


Annual  election 
of  directors. 


City,  and  shall  continue  the  same  open  until  the  said  capital 
stock  shall  be  subscribed,  or,  at  their  discretion,  close  the 
same  after  they  shall  have  remained  open  two  days,  and  again 
open  the  same  at  some  other  time  or  times,  place  or  places, 
giving  public  notice  thereof,  as  aforesaid;  and  the  sum  of  five 
per  centum  upon  each  share  so  subscribed  shall  be  paid  in 
specie  or  in  the  bills  of  banks  which  redeem  their  bills  with 
specie,  by  each  subscriber,  at  the  time  of  subscription,  to 
the  said  commissioners,  or  a  majority  of  them;  and  each  sub¬ 
scriber,  shall  be  entitled  to  receive  a  certificate  for  such  stock 
from  said  commissioners,  and  the  amount  so  received  by  the 
said  commissioners,  at  the  time  of  subscription,  shall  by  them, 
or  a  majority  of  them,  be  paid  over  to  the  directors  of  the  said 
company,  to  be  appointed  as  hereinafter  directed ;  and  all  the 
powers  of  the  said  commissioners  shall  cease  and  determine 
on  the  appointment  of  such  board  of  directors ;  and  the  said 
board,  when  so  appointed,  shall  have  power,  and  they  are 
hereby  authorized  from  time  to  time,  under  the  foregoing 
regulations,  to  open  the  books  for  the  further  subscription  of 
stock,  until  the  whole  stock  subscribed  amounts  to  the  sum  of 
sixty  thousand  dollars ;  and  are  also  authorized  to  call  upon 
the  said  subscribers  for  the  payment  of  further  instalments,  in 
such  sum  or  sums,  at  such  time  or  times,  and  under  such  for¬ 
feiture  or  forfeitures,  as  they  may  deem  expedient,  until  the 
whole  amount  of  said  shares,  so  subscribed,  shall  have  been 
fully  paid. 

4.  And  be  it  enacted,  That  the  management  of  the  concerns 
of  the  said  company  shall  be  vested  in  five  directors,  to  be 
selected  from  the  stockholders,  three  of  whom  shall  be  resi¬ 
dents  of  Hudson  county,  and  the  said  directors  shall  choose, 
by  plurality  of  votes,  a  president  from  among  themselves  ;  and, 
as  soon  as  conveniently  may  be  after  thirty  thousand  dollars 
shall  have  been  subscribed,  the  before  named  commissioners, 
or  a  majority  of  them,  shall  convene  the  said  stockholders,  by 
public  notice  to  be  given  as  aforesaid,  and  at  such  time  and 
place  as  they  shall  designate  in  said  notice,  to  choose  the  first 
board  of  directors,  who  shall  hold  their  offices  until  the  third 
Monday  in  May,  eighteen  hundred  and  fifty;  and  the  said 
directors  and  president  shall  hold  their  offices,  from  the  third 


139 


ft 


Monday  in  May  in  every  year,  for  one  year,  and  shall  be  elected 
on  the  third  Monday  of  May  in  each  year,  at  such  time  and 
place  as  a  majority  of  the  directors  shall  appoint;  and  public 
notice  shall  be  given  of  the  time  and  place  of  holding  such 
election,  for  ten  days,  in  a  newspaper  published  in  Jersey 
City ;  and  any  vacancy  in  the  said  board  of  directors  may  be 
supplied  by  appointments,  to  be  made  by  the  board  of  directors, 
until  the  next  election ;  and  all  elections  shall  be  by  ballot  of 
the  stockholders,  or  their  proxies,  allowing  one  vote  for  each 
share  which  they  shall  hold,  or  shall  have  held,  in  his,  her,  or 
their  name  or  names,  at  least  fourteen  days  before  the  time  of 
voting. 

5.  And  be  it  enacted ,  That  if,  at  any  time,  an  election  is  not  charter  not  for- 
held  on  the  day  herein  appointed,  the  corporation  shall  not  be  to elect* Vn^day 
dissolved  for  that  cause,  but  an  election  shall  be  held,  in  such  pi'-'bCnbed‘ 
manner  as  is  directed  by  the  by-laws,  at  any  time  within  one 

year. 

6.  And  be  it  enacted ,  That  the  directors  for  the  time  being  Quorum, 
shall  form  a  board,  and  they,  or  a  majority  of  them,  shall  be  a 
quorum  for  transacting  business. 

7.  And  be  it  enacted ,  That  the  stock  of  the  corporation  shall  stock  transfer¬ 

able. 

be  transferable  according  to  the  by-laws  and  regulations  of 
the  corporation,  and  shall  be  considered  personal  property, 
and  the  stock  and  transfer  books  shall  be  opened  at  all  times 
to  the  inspection  of  the  stockholders. 

S.  And  be  it  enacted ,  That  if  any  person  or  persons  shall  Penalty  for 

injuring  works. 

wilfully  do,  or  cause  to  be  done,  any  act  or  acts  whatsoever, 
with  intent  thereby  to  injure  any  conduit,  pipe,  cock,  machine, 
or  structure  whatsoever,  or  any  thing  appertaining  to  the 
works  of  the  said  corporation,  or  whereby  the  same  may  be 
stopped,  obstructed  or  injured,  the  person  or  persons  so  offend¬ 
ing  shall  be  considered  guilty  of  a  misdemeanor,  and  being 
thereof  convicted,  shall  be  punished  by  fine,  not  exceeding 
three  hundred  dollars,  or  imprisonment  at  hard  labor,  not  ex¬ 
ceeding  two  years,  or  both ;  Provided,  such  criminal  prosecu¬ 
tion  shall  not  in  any  wise  impair  the  right  of  action  for  dam¬ 
ages  by  a  civil  suit,  hereby  authorized  to  be  brought  for  any 
such  injury  as  aforesaid,  by  and  in  the  name  of  the  said  cor- 


- 


t 


140 


Bonks  of 
accounts  to  be 
kept. 


Powers  and  res¬ 
trictions. 


poration,  in  any  court  of  this  State  having  cognizance  of  the 
same. 

9.  And  be  it  enacted ,  That  the  said  company  shall  cause  to 
be  kept  at  their  office  proper  books  of  accounts,  in  which  shall 
be  fairly  and  truly  entered  all  the  transactions  of  the  company, 
which  books  shall  be  at  all  times  open  for  the  inspection  of  the 
stockholders. 

10.  And  be  it  enacted ,  That  the  said  corporation  shall  possess 

« 

the  general  powers,  and  be  subject  to  the  restrictions  and  lia¬ 
bilities,  contained  in  the  act  entitled  “  An  act  concerning  cor¬ 
porations,”  approved  the  fourteenth  day  of  February,  eighteen 
hundred  and  forty-six,  so  far  as  the  same  are  applicable ;  and 
shall  continue  in  force  for  thirty  years. 

Approved  March  1,  1849. 


A  SUPPLEMENT  TO  THE  ACT,  ENTITLED 


"an  art  tn  inrnrpnratr  tjjr  3rrat[  <Citt(  XigIjtC;nnipoTnj.’r 


Company  author¬ 
ized  to  lay  down 
pipe«. 


Proviso. 


Increase  of 
capital  stock. 


Number  ofdiree- 
tors  increased. 


1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey ,  That  the  Jersey  City  Gas  Light  Com¬ 
pany  shall  be  empowered  to  lay  down  their  gas  pipes,  and  to 
erect  gas  posts,  burners,  and  reflectors  in  the  streets,  alleys, 
lanes,  avenues,  and  public  grounds  of  Hoboken  and  vicinity, 
and  to  do  all  things  necessary  to  light  the  same,  and  the  dwell¬ 
ings,  stores,  and  other  places  therein;  Providedt  that  the 
public  travel  shall  at  no  time  be  affected  or  impeded  by  the 
laying  of  the  said  pipes  or  the  erection  of  the  said  posts  ;  nnd 
the  streets,  side  and  cross  walks,  public  grounds,  lanes  and 
avenues,  shall  not  be  injured,  but  shall  be  left  in  as  good  and 
perfect  condition  as  before  the  laying  of  the  said  pipes  or  the 
erection  of  the  said  posts. 

2.  And  be  it  enacted That  the  directors  of  said  company 
shall  have  power  to  increase  the  capital  stock  thereof  to  the 
amount  of  one  hundred  and  fifty  thousand  dollars. 

3.  And  be  it  enacted ,  That  the  number  of  directors  of  the 
said  company  shall  be  increased  to  nine,  five  of  whom  shsll 


14  1 


form  a  quorum;  and  that  the  first  election  for  directors  shall 
be  on  the  last  Monday  in  March,  eighteen  hundred  and  fifty- 
two.  .  > 

Approved  March  24,  1852. 

A  FURTHER  SUPPLEMENT  TO  THE  ACT,  ENTITLED 

"In  Set  tn  Sntnqinrnte  ^crseij  Citij," 

Passed  February  twenty -second,  eighteen  hundred  and 

thirty-eight. 

1.  Be  it  enacted  by  the  Senate  and  General.  Assembly  of  the  Election  of 
State  of  New  Jersey ,  That  the  fourth  section  of  the  act  to  which  °lly  ° 
this  is  a  supplement,  shall  be  so  amended,  that  the  annual  elec¬ 
tion  for  the  city  officers,  in  said  section  named,  shall  hereafter 

be  held  on  the  second  Wednesday  of  April,  in  each  and  every 
year  ;  and  that  the  poll  of  such  election  shall  hereafter  be  open¬ 
ed  at  eight  o’clock  in  the  morning,  and  shall  be  closed  at  seven 
o’clock  in  the  evening. 

2.  And  be  it  enacted ,  That  this  act  shall  take  effect  imme¬ 
diately. 

Approved  March  5,  1850. 

State  op  New  Jersey: 

A  SUPPLEMENT  TO  AN  ACT,  ENTITLED 

“3u  3d  in  Uncaijiamb  Scnset}  Cittj,” 

Approved  March  eighteenth ,  eighteen  hundred  and  fifty-one. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey ,  That  in  all  cases  where  the  Mayor  and 
Common  Council  of  Jersey  City  are  now  authorized  to  make 
or  levy  any  assessment,  for  any  improvements  in  said  city,  they 
shall  be  authorized  to  borrow  the  amount  of  any  such  assess- 


* 


142 


merit,  in  anticipation  of  the  collection  therefor,  anything  con¬ 
tained  in  the  act  to  which  this  is  a  supplement,  to  the  contrary 
notwithstanding. 

2.  And  be  it  enacted ,  That  this  act  shall  be  deemed  and 
taken  as  a  public  act,  and  take  effect  immediately. 

Passed  February  25,  1853. 


State  of' New  Jersey  : 


hundred  and  fifty-two ,  entitled  “An  act  to  authorize  the  con¬ 
struction  of  Works  for  supplying  Jersey  City  and  places  ad¬ 
jacent  with  pure  and  wholesome  water.” 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  That  in  case  the  owners,  or  any  of  the 
owners  of  any  lands,  or  water  rights,  which  may  be  required 
for  the  purposes  of  the  act  to  which  this  is  an  amendment,  are 
unknown,  or  cannot  be  found,  the  Circuit  Court  of  the  county 
of  Hudson  may  direct  the  manner  in  which  notice  of  applica¬ 
tion  for  the  appointment  of  commissioners  to  estimate  the  value 
of  such  property,  or  damage  thereto,  and  of  the  meeting  of  such 
commissioners  may  be  given,  or  published ;  and  when  notices 
are  given,  or  published  in  the  manner  so  directed,  they  shall 
have  the  same  force  and  effect  as  if  served  upon  the  owners 
of  such  lands,  or  water  rights  ;  and  in  all  cases  where  the  title, 
or  interest,  of  any  person  or  persons  in  lands  required  and 
taken  for  the  purposes  of  this  act  is  doubtful,  or  disputed,  the 
value  of  or  damage  to  such  lands,  awarded  by  the  Commis¬ 
sioners  appointed  by  said  Circuit  Court,  may  be  paid  into  said 
Court  upon  affidavit  made  of  such  facts  :  and  such  payment 
shall  have  the  same  effect  as  if  made  to  the  owners  thereof ; 
and  the  said  Court  may  proceed  in  a  summary  way,  upon  pe¬ 
tition  of  any  person  claiming  to  be  the  owner  of  said  lands,  or 
any  part  thereof,  to  ascertain  to  whom  the  title  belonged,  and 
to  what  person,  or  persons  the  said  money  shall  be  paid,  and 
shall  have  power  to  distribute  the  same  among  the  persons 
entitled  thereto. 


143 


2.  And  be  it  enacted,  That  the  eleventh  section  of  the  said 
act  shall  be  amended  by  striking  out  the  following  words, 
“and  provided  also,  that  no  notes,  or  scrip,  or  certificates  of 
debt,  shall  be  sold  at  public  or  private  sale,  for  less  than  the 
par  value  thereof.” 

3.  And  be  it  enacted ,  That  the  twenty-third  section  of  the 
said  act  be  amended,  by  striking  out  the  words  “  in  the  county 
of  Hudson,”  and  also  the  words,  “  in  the  said  county,”  con¬ 
tained  in  the  said  section. 

4.  And  be  it  enacted ,  That  this  act  shall  take  effect  imme¬ 
diately. 

Passed  January  18,  1853. 


State  of  New  Jersey: 

a  fratijir  lnppliirat  tn  tjit  M,  intitlii 

“Sit  Set  tn  autjwrije  tjje  hnstitess  of  Sankiitg.” 

Approved  February  twenty -seventh,  eighteen  hundred  and  fifty . 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Jersey,  That  it  shall  be  lawful  for  any  association 
of  persons,  formed  and  organized  under  the  act  to  which  this 
is  a  supplement,  to  deposit  in  addition  to  the  stocks  mentioned 
in  said  act,  and  the  supplement  thereto,  the  bonds  of  the  city 
of  Newark,  issued  in  accordance  to  law,  by  the  Mayor  and 
Common  Council  of  said  city,  bearing  interest  not  less  than 
six  per  cent,  as  a  basis  or  security  for  their  circulating  notes, 
subject  to  all  the  provisions  and  restrictions  in  said  act  author¬ 
izing  the  business  of  banking. 

2.  And  be  it  enacted,  That  it  shall  be  lawful  for  any  associa¬ 
tion  of  persons  formed  and  organized  under  the  act  to  which 
this  is  a  supplement,  to  deposit  the  “Jersey  City  Water  Scrip,” 
bearing  interest  not  less  than  six  per  cent.,  as  a  basis  or  secu¬ 
rity  for  their  circulating  notes,  subject  to  all  the  provisions  and 
restrictions  in  the  act  to  which  this  is  a  supplement. 

3.  And  be  it  enacted,  That  this  act  shall  take  effect  imme¬ 
diately. 

Passed  February  25,  1853. 


t 


H4 


State  op  New  Jersey  : 

J9L  O  T 

To  authorize  so  much  of  the  records  in  the  office  of  the  clerk  of 
the  county  of  Bergen,  as  relate  to  the  county  of  Hudson,  to  he 
transcribed  and  certified. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the 
State  of  New  Je?'sey,  That  it  shall  be  lawful  for  the  board  of 
chosen  freeholders  of  the  county  of  Hudson,  to  have  all  such 
deeds  and  conveyances,  now  on  record  in  the  office  of  the 
clerk  of  the  county  of  Bergen,  as  relate  to  or  affect  lands  situ¬ 
ate  in  the  county  of  Hudson,  together  with  the  acknowledge¬ 
ments  or  proofs  of  execution  thereof,  and  the  entry  of  the  time 
when  the  same  were  brought  or  delivered  to  be  recorded, 
transcribed,  by  the  clerk  of  the  county  of  Bergen,  in  a  good 
fair  hand,  in  suitable  books,  to  be  provided  by  them  for  that 
purpose ;  which  books  shall  each  be  certified  by  the  clerk  of 
said  county  of  Bergen,  under  his  hand  and  seal,  to  contain 
true  and  complete  copies  from  the  records  in  his  office  of  the 
deeds  therein  transcribed;  and  the  last  of  said  books  shall 
contain  a  certificate  of  said  clerk,  under  his  hand  and  seal,  that 
the  said  books  contain  transcripts  of  all  deeds  in  the  records 
of  his  county  relating  to  or  affecting  lands  in  the  county  of 
Hudson. 

2.  And  he  it  enacted ,  That  it  shall  be  lawful  for  the  said 
board  of  chosen  freeholders  of  the  county  of  Hudson,  to  cause 
the  registry  of  all  mortgages  registered  in  the  office  of  the 
clerk  of  the  county  of  Bergen,  before  April  fourteenth,  eigh¬ 
teen  hundred  and  forty,  which  are  uncancelled  of  record,  and 
that  relate  to  or  affect  lands  in  the  county  of  Hudson,  to  be 
transcribed  by  the  clerk  of  Bergen  county,  at  length,  with  the 
entry  of  the  time  the  same  were  lodged  to  be  registered,  in 
suitable  books,  to  be  provided  by  them  for  that  purpose,  each 
of  which  books  shall  be  certified  by  the  clerk  of  the  said  county 
of  Bergen  to  be  true  copies  of  the  registry  of  said  mortgages 
so  transcribed ;  and  the  last  of  said  books  shall  contain  a  cer¬ 
tificate  of  said  clerk,  that  said  books  contain  transcripts  of  the 


145 


registry  of  all  uncancelled  mortgages  on  the  records  of  his 
county,  relating  to  or  affecting  lands  in  the  county  of  Hudson; 
and  the  cancellation  of  any  mortgage  so  transcribed,  may  be 
made  and  entered  in  such  books  by  the  clerk  of  the  county  of 
Hudson,  as  if  it  had  been  originally  registered  in  his  office. 

♦  3.  And  be  it  enacted,  That  it  shall  be  lawful  for  the  said  board 

of  chosen  freeholders  of  the  county  of  Hudson  to  cause  a  docket 
to  be  made,  by  the  clerk  of  the  county  of  Bergen,  of  the  judg¬ 
ments  unsatisfied,  entered  of  record  in  the  office  of  the  clerks 
of  the  Courts  of  Common  Pleas  and  of  the  Circuit  Court,  re¬ 
spectively,  from  the  first  day  of  January,  eighteen  hundred  and 
thirty-three,  until  the  fourteenth  day  of  April,  eighteen  hund¬ 
red  and  forty,  and  all  judgments  entered  in  said  courts  since 
the  said  last  mentioned  day,  on  suits  actually  pending  on  the 
thirteenth  day  of  April,  eighteen  hundred  and  forty ;  which 
docket  shall  contain  the  names  of  the  plaintiff  or  plaintiffs  and 
defendant  or  defendants  in  such  judgment,  the  form  of  action, 
the  amount  recovered,  and  the  date  when  the  same  was  signed. 

4.  And,  be  it  enacted ,  That  said  transcripts  of  deeds  and  mort¬ 
gages  and  said  docket  shall,  when  completed,  be  placed  in  the 
office  and  custody  of  the  clerk  of  the  county  of  Hudson,  and, 
when  so  deposited,  all  persons  shall  be  entitled,  at  proper 
times,  to  have  access  to  the  same,  and  shall  be  entitled  to 
copies  thereof,  upon  paying  for  searches  and  copies  such  fees 
as  are  allowed  by  law  for  the  same  services  in  searching  and 
copying  the  records  of  deeds  and  mortgages  and  judgments 
recorded  in  said  clerk’s  office;  and  said  books  of  deeds,  and 
certified  copies  thereof,  under  the  hand  and  seal  of  the  clerk 
of  the  county  of  Hudson,  shall  be  evidence  in  the  same  man¬ 
ner  as  the  original  books  in  the  county  of  Bergen,  or  copies 
certified  by  such  clerk  of  said  county  of  Bergen  now  are. 

5.  Arid  be  it  enacted ,  That  said  transcript  of  deeds  and  mort¬ 
gages  and  said  docket  of  judgments  shalf  contain,  in  the 
margin  opposite  to  such  deed,  mortgage,  or  judgment,  the 
designation  of  the  book  in  said  clerk’s  office  of  the  county  of 
Bergen,  and  of  the  page  thereof,  from  which  it  shall  be  taken. 

6.  And  be  it  enacted ,  That  the  clerk  of  the  county  of  Hudson 
shall,  at  the  expense  of  the  said  county,  cause  proper  indexes 
to  be  made  of  such  books  of  deeds  and  mortgages  and  docket 
of  judgments. 


146 


7.  And  be  it  enacted ,  That  the  clerk  of  the  county  of  Bergen 
shall,  upon  being  required  by  the  board  of  chosen  freeholders 
of  the  county  of  Hudson,  cause  said  transcripts  and  docket  to 
be  made,  and  sign  and  seal  such  certificates  within  twelve 
months  after  proper  books  shall  be  provided  for  that  purpose 
by  them,  and  shall  be  entitled  to  receive  for  such  transcripts, 
from  the  said  the  board  of  chosen  freeholders  of  the  county  of 
Hudson,  the  fees  allowed  by  law  for  recording  deeds  left  to  be 
recorded  in  his  office,  and  for  docketing  each  judgement  twelve 
cents,  and  for  all  the  searches  and  certificates  necessary  for 
such  purposes  two  hundred  dollars. 

8.  And  be  it  enacted, ,  That  this  act  shall  take  effect  imme¬ 
diately. 

Passed  March  9,  1853. 


State  of  New  Jersey: 

an  lit  tn  ugnlntt  tip  rata  nf  /ErringE  at  tip  Inhnktn 

unit  SEtSEg  (tittj  /eeiies. 

1.  And  be  it  enacted  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey ,  That  from  and  after  the  first  day  of 
March  next,  it  shall  and  may  be  lawful  for  the  proprietors  of 
the  ferries  at  Hoboken  and  Jersey  City,  to  charge  the  follow¬ 
ing  tolls  or  rates  of  ferriage,  and  no  more  : 

Every  person  on  foot,  above  ten  years  old,  three  cents ; 

Under  ten  years  and  above  five  years  old,  two  cents; 

Man  and  horse  or  horse  only,  nine  cents ; 

Ordinary  four  wheeled  trucks,  loaded,  two  horses  and  one 
person,  thirty-seven  and  a-half  cents  ; 

Ordinary  four  wheeled  truck,  light,  two  horses  and  one  per¬ 
son,  twenty-five  c#nts ; 

Ordinary  wagons,  or  market  wagons  including  loads  of  green 
clover,  or  grass,  two  horses  and  one  person,  twenty-five  cents ; 

For  every  additional  person,  three  cents; 

Ordinary  wagons  or  market  wagons,  including  loads  of  green 
clover  or  grass,  one  horse  and  one  person,  twelve  and  a-half 
cents ; 

For  every  additional  person,  three  cents ; 

b  r  V 


* 


147 


*  A  coach,  coachee,  chariot,  barouche,  phaston,  pleasure  wag¬ 
on,  or  sleigh,  with  more  than  one  seat,  two  horses,  one  person, 
thirty  cents ; 

For  every  additional  person,  three  cents; 

A  light  pleasure  carriage,  barouche  or  pleasure  wagon,  two 
horses,  one  person,  twenty-five  cents ; 

For  every  additional  person,  three  cents  ; 

A  light  pleasure  carriage,  barouche,  or  pleasure  wagon,  one 
horse,  one  person,  twelve  and  a-half  cents; 

For  every  additional  person,  three  cents  ; 

A  cart  with  driver,  one  horse,  loaded  or  empty,  twelve  and 
a-half 'cents  ; 

A  wagon  load  of  straw  or  hay,  with  two  horses  and  one  per¬ 
son,  fifty  cents ; 

A  wagon  or  cartload  of  hay  or  straw,  with  one  horse  and 
one  person,  thirty-seven  and  a-half  cents  ; 

Any  kind  of  carriage  or  sleigh,  without  horse,  half  price; 

A  wheelbarrow  and  one  person,  loaded  or  empty,  six  cents; 
,  A  hand-cart  and  one  person,  loaded  or  empty,  eight  cents; 

Cattle,  single  or  in  droves,  each,  fifteen  cents; 

*  Calves  and  hogs,  dead  or  alive,  each,  three  cents; 

.  Sheep,  lambs,  and  shoats,  dead  or  alive,  each,  three  cents ; 

Sucking  pigs  do.,  each,  two  cents ; 

Raw  hides,  each,  three  cents  ; 

Skins,  each,  half  a  cent; 

Dry  hides,  each,  one  cent; 

Bundles  of  sole  and  upper  leather,  per  side,  each  one  cent; 
Bundles  of  hay,  each,  nine  cents; 

Paper,  in  bundles,  per  ream,  half  a  cent ; 

Wheat,  corn,  arid  other  grain,  per  bushel,  half  a  cent; 

Oats,  green  peas  and  beans,  per  bushel,  one  cent ; 

Potatoes,  per  bushel,  one  and  a-half  cents ; 

Barrels  containing  apples  and  vegetables,  each,  six  and  a 
quarter  cents ; 

Boxes  of  oranges  and  lemons,  each,  five  cents ; 

Baskets  containing  fruit  or  vegetables,  each,  three  cents; 
Oysters,  per  bushel,  three  cents  ; 

Horse  feed,  per  bushel,  one  cent ; 

Meal,  flour  or  coffee,  in  bags,  each,  three  cents; 


148 


Large  boxes  containing  live  fowls  for  markets,  each,  twelve 
and  a  half-cents ; 

Small  boxes  and  large  baskets,  containing  live  fowls,  in  pro¬ 
portion  ; 

Salt  in  bags,  per  bushel,  two  cents  ; 

Sugar,  per  cwt,.,  five  cents ; 

Pipe,  hogshead  of  spirits  or  wine,  each  fifty  cents; 

When  empty,  eight  cents  ; 

Tierce  of  spirits  or  wine,  each  thirty-seven  and  a-half  cents  ; 
When  empty,  six  and  a-quarter  cents; 

Barrels  of  spirits  or  wine,  each  eighteen  and  three-quarter 
cents ; 

When  empty,  three  cents ; 

Hogsheads  of  molasses  or  sugar,  each  thirty-seven  and  a-half 
cents ; 

When  empty,  six  and  a-quarter  cents ; 

Tierce  of  molasses  or  sugar,  each,  twenty  five  cents  : 

When  empty,  five  cents ; 

Barrels  molasses,  sugar,  beer,  beef,  pork,  and  oil,  each  ten 
cents ; 

Barrels  of  flour  and  lime,  each,  five  cents ; 

When  empty,  two  cents  each,  except  flour  barrels,  one  cent ; 
Baskets  of  wine,  each,  six  and  a-quarter  cents; 

Crate,  hogshead,  tierce,  &c.,  containing  earthenware  or 
glass,  each,  twelve  and  a-half  cents; 

And  when  empty,  tierce  or  crate,  each,  four  cents ; 

Large  size  firkins,  each,  five  cents ; 

Second  size  firkins,  each,  three  cents; 

Pails  of  butter,  each,  one  cent  : 

Cheese,  ham,  codfish,  &c. — per  cwt.,  five  cents; 

Chests  of  tea,  each,  four  cents  ; 

PI alf  chests  of  tea,  each,  two  cents; 

Tobacco,  in  kegs,  each,  four  cents; 

Churns  containing  milk,  each,  six  and  a-quarter  cents; 

Iron,  steel,  lead-paints  and  other  metals,  per  cwt.,  five  cents  ; 
Boxes  of  window  glass,  each,  two  cents; 

Boxes  of  soap  and  candles,  each,  three  cents; 

Kegs  of  nails,  each,  five  cents  ; 

Specie  in  large  kegs  or  boxes,  each,  twenty-five  cents  ; 


M9 


For  less  size,  and  for  every  one  thousand  dollars,  twelve 
and  a-half  cents  ; 

For  fancy  chairs,  each,  two  cents; 

For  common  chairs,  each,  one  cent; 

Sofas  and  pianos,  each,  twenty-five  cents ; 

Bureaus,  each,  twelve  and  a  half  cents ; 

Bedsteads,  beds,  tables,  writings  and  small  bureaus,  each, 
six  and  a-quarter  cents  ; 

Tool  chests,  ploughs,  and  corn  machines,  each,  six  and  a- 
quarter  cents  ; 

Stoves,  and  grates,  large  size,  each,  twelve  and  a-half  cents; 

Small  size  in  proportion  ; 

Joists  and  boards,  each,  one  cent; 

Lumber  and  timber,  per  thousand  feet,  one  dollar; 

And  all  animals  and  things  not  herein  enumerated  shall  be 
charged  proportionably  to  the  foregoing  rates. 

2.  And  be  it  enacted ,  That  the  Legislature  may  at  any  time 
hereafter  alter  and  modify  the  rates  of  ferriage  at  the  ferries 
aforesaid,  and  that  this  act  shall  go  into  effect  immediately  ; 
and  that  nothing  herein  contained,  shall  be  construed  as  to 
recognize  any  exclusive  right  of  ferry  from  Jersey  City  to 
New  York,  in  any  person  or  corporation. 

Passed  March  10,  1853. 


To  Ratify  and  Confirm  an  Agreement  made  between  the  Com¬ 
missioners  appointed  by  the  Governor  of  the  State  of  New 
York ,  and  the  Commissioners  appointed  by  the  Governor  of  the 
State  of  New  Jersey ,  respecting  the  territorial  limits  and  juris¬ 
diction  between  the  said  States.  Passed  the  2 6th  of  February , 
1834. 

4 

Whereas,  commissioners  duly  appointed  on  the  part  of  the 
State  of  New  York,  and  commissioners  duly  appointed  on  the 
part  of  New  Jersey,  for  the  purpose  of  agreeing  upon  and 
settling  the  jurisdiction  and  territorial  limits  of  the  two  States, 

19 

n  • 


* 


v 


]50 


have  executed  certain  articles,  two  copies  for  each  State,  which1 
are  contained  in  the  following  words : 

Agreement  made  and  entered  into  by  and  between  Ben¬ 
jamin  F.  Butler,  Peter  Augustus  Jay,  and  Henry  Seymour, 
commissioners  duly  appointed  on  the  part  and  behalf  of  the 
State  of  New  York,  in  pursuance  of  an  act  of  the  Legislature 
of  the  said  State,  entitled  “  An  act  concerning  the  territorial 
limits  and  jurisdiction  of  the  State  of  New  York  and  the  State 
of  New  Jersey,”  passed  January  18th,  1833,  of  the  one  part, 
and  Theodore  Frelinghuysen,  James  Parker  and  Lucius  Q,.  C. 
Elmer,  commissioners  duly  appointed  on  the  part  and  behalf 
of  the  State  of  New  Jersey,  in  pursuance  of  an  act  of  the 
Legislature  of  the  said  j^tate,  entitled  “  An  act  for  the  settle¬ 
ment  of  the  territorial  limits  and  jurisdiction  between  the 
States  of  New  Jersey  and  New  York,”  passed  February  6th, 
1833,  of  the  other  part. 

Article  I.  The  boundary  line  between  the  two  States  of 
New  York  and  New  Jersey,  from  a  point  in  the  middle  of 
Hudson  river,  opposite  the  point  on  the  west  shore  thereof,  in 
the  forty-first  degree  of  north  latitude,  as  heretofore  ascertain¬ 
ed  and  marked,  to  the  main  sea,  shall  be  the  middle  of  the  said 
river,  of  the  bay  of  New  York,  of  the  water  between  Staten 
Island  and  New  Jersey,  and  of  Raritan  bay,  to  the  main  sea, 
except  as  hereinafter  otherwise  particularly  mentioned. 

Art.  I.  The  State  of  New  York  shall  retain  its  present 
jurisdiction  of  and  over  Bedlow’s  and  Ellis’  Islands,  and  shall 
also  retain  exclusive  jurisdiction  of  and  over  the  other  islands 
lying  in  the  waters  above  mentioned,  and  now  under  the  juris¬ 
diction  of  that  State. 

Art.  III.  The  State  of  New  York  shall  have  and  enjoy 
exclusive  jurisdiction  of  and  over  all  the  waters  of  the  bay  of 
New  York,  and  of  and  over  all  the  waters  of  Hudson  river 
lying  west  of  Manhattan  Island,  and’to  the  south  of  the  mouth 
of  Spuytenduyvel  creek,  and  of  and  over  the  lands  covered  by 
the  said  waters  to  the  low  water  mark  on  the  westerly  or  New 
Jersey  side  thereof;  subject  to  the  following  rights  of  property 
and  of  jurisdiction  of  the  State  of  New  Jersey,  that  is  to  say  r 


151 


1.  The  State  of  New  Jersey  shall  have  the  exclusive  right 
of  property  in  and  to  the  land  under  water,  lying  west  of  the 
middle  of  the  bay  of  New  York,  and  west  of  the  middle  of 
that  part  of  the  Hudson  river  which  lies  between  Manhattan 
Island  and  New  Jersey. 

2.  The  State  of  New  Jersey  shall  have  the  exclusive  juris¬ 
diction  of  and  over  the  wharves,  docks  and  improvements  made 
and  to  be  made  on  the  shore  of  the  said  State,  and  of  and  over 
all  vessels  aground  on  said  shore,  or  fastened  to  any  such 
wharf  or  dock;  except  that  the  said  vessel  shall  be  subject  to 
the  quarantine  or  health  laws,  and  lav/s  in  relation  to  passen¬ 
gers,  of  the  State  of  New  York,  which  now  exist  or  which 
may  hereafter  be  passed. 

3.  The  State  of  New  Jersey  shall  have  the  exclusive  right 
of  regulating  the  fisheries  on  the  westerly  side  of  the  middle 
of  the  said  waters:  Provided ,  that  the  navigation  be  not  ob¬ 
structed  or  hindered. 

Art.  IV.  The  State  of  New  York  shall  have  exclusive  juris¬ 
diction  of  and  over  the  waters  of  the  Kill  Van  Kull,  between 
Staten  Island  and  New  Jersey,  to  the  westermost  end  of 
Shooter’s  Island,  in  respect  to  such  quarantine  laws  and  laws 
relating  to  passengers,  as  now  exist  or  may  hereafter  be  pass¬ 
ed  under  the  authority  of  that  State,  and  for  executing  the 
same;  and  the  said  State  shall  also  have  exclusive  jurisdiction, 
for  the  like  purposes,  of  and  over  the  waters  of  the  sound, 
from  the  westermost  end  of  Shooter’s  Island  to  Woodbridge 
creek,  as  to  all  vessels  bound  to  any  port  in  the  said  State  of 
New  York. 

Art.  V.  The  State  of  New  Jersey  shall  have  and  enjoy  ex¬ 
clusive  jurisdiction  of  and  over  all  the  waters  of  the  sound,  be¬ 
tween  Staten  Island  and  New  Jersey,  lying  south  of  Wood- 
bridge  creek,  and  of  and  over  all  the  water  of  Raritan  bay, 
lying  westward  of  a  line  drawn  from  the  light-house  at  Prince’s 
bay  to  the  mouth  of  Matavan  creek,  subject  to  the  following 
rights  of  property  and  of  jurisdiction  of  the  State  of  New 
York,  that  is  to  say : — 

I.  The  State  of  New  York  shall  have  the  exclusive  right  of 


152 


property  in  and  to  the  land  under  water,  lying  between  the 
middle  of  the  said  waters  and  Staten  Island. 

2.  The  State  of  New  York  shall  have  the  exclusive  jurisdic¬ 
tion  of  and  over  the  wharves,  docks,  and  improvements  made 
and  to  be  made  on  the  shore  of  Staten  Island ;  and  of  and  over 
all  vessels  aground  on  said  shore,  or  fastened  to  any  such  wharf 
or  dock,  except  that  the  said  vessels  shall  be  subject  to  the 
quarantine  or  health  laws,  and  laws  in  relation  to  passengers 
of  the  State  of  New  Jersey,  which  now  exist,  or  which  may 
hereafter  be  passed. 

3.  The  State  of  New  York  shall  have  the  exclusive  right  of 
regulating  the  fisheries  between  the  shore  of  Staten  Island  and 
the  middle  of  the  said  waters,  provided  that  the  navigation  of 
the  said  waters  be  not  obstructed  or  hindered. 

Art.  VI.  Criminal  process,  issued  under  the  authority  of  the 
State  of  New  Jersey,  against  any  person  accused  of  an  offence 
committed  within  that  State,  or  committed  on  board  any  ves¬ 
sel  being  under  the  exclusive  jurisdiction  of  that  State,  as 
aforesaid,  or  committed  against  the  regulations  made  or  to  be 
made  by  that  State,  in  relation  to  the  fisheries  mentioned  in  the' 
third  article;  and  also  civil  process  issued  under  the  authority 
of  the  State  of  New  Jersey,  against  any  person  domiciled  in 
that  State,  or  against  property  taken  out  of  that  State,  to  evade 
the  laws  thereof,  may  be  served  upon  any  of  the  said  waters 
within  the  exclusive  jurisdiction  of  the  State  of  New  York, 
unless  such  person  or  property  shall  be  on  board  a  vessel 
aground  upon,  or  fastened  to  the  shore  of  the  State  of  New 
York,  or  fastened  to  a  wharf  adjoining  thereto;  or  unless  such 
person  shall  be  under  arrest,  or  such  property  shall  be  under  * 
seizure,  by  virtue  of  process  or  authority  of  the  State  of  New 
York. 

Art.  VII.  Criminal  process  issued  under  the  authority  of  the 
State  of  New  York,  against  any  person  accused  of  an  offence 
committed  within  that  State,  or  committed  on  board  of  any 
vessel  being  under  the  exclusive  jurisdiction  of  that  State,  as 
aforesaid,  or  committed  against  the  regulations  made  or  to  be 
made  by  that  State,  in  relation  to  the  fisheries  mentioned  in 
the  fifth  article;  and  also  civil  process  issued  under  the  author- 


]  53 


ity  of  the  State  of  New  York,  against  any  person  domiciled  in 
that  Slate,  or  against  property  taken  out  of  that  State,  to  evade 
the  laws  thereof,  may  be  served  upon  any  of  the  said  waters 
within  the  exclusive  jurisdiction  of  the  State  of  New  Jersey* 
unless  such  person  or  property  shall  be  on  board  a  vessel 
aground  upon,  or  fastened  to  the  shore  of  the  State  of  New 
Jersey,  or  fastened  to  a  wharf  adjoining  thereto,  or  unless  such 
person  shall  be  under  arrest,  or  such  property  shall  be  under 
seizure,  by  virtue  of  process  or  authority  of  the  State  of  New 

Art.  VIII.  This  agreement  shall  become  binding  on  the 
two  States  when  confirmed  by  the  Legislatures  thereof  res¬ 
pectively,  and  when  approved  by  the  Congress  of  the  United 
States. 

Done  in  four  parts  (two  of  which  are  retained  by  the  com¬ 
missioners  of  New  York,  to  be  delivered  to  the  Governor  of 
that  State,  and  the  other  two  of  which  are  retained  by  the  com¬ 
missioners  of  New  Jersey,  to  be  delivered  to  the  Governor  of 
that  State)  at  the  city  of  New  York,  this  sixteenth  day  of  Sep¬ 
tember,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-three,  and  of  the  Independence  of  the  United  States, 
the  fifty-eighth. 

THEO.  FRELINGHUYSEN,  B.  F.  BUTLER, 
JAMES  PARKER,  PETER  A.  JAY, 

LUCIUS  Q.  C.  ELMER,  HENRY  SEYMOUR. 

Therefore:  The  aforesaid  agreement,  and  every  article, 
clause,  matter  and  thing  therein  contained,  shall  be,  and  the 
same  is  hereby  fully  and  amply  ratified  and  confirmed,  on  the 
part  of  the  State  of  New  Jersey. 

(This  agreement  has  been  ratified  and  confirmed  by  the 
Legislature  of  New  York,  and  approved  by  the  Congress  of 
the  United  States.) 


154 


5ln  Itt  tn  nplafe  tjjf  Idling  nf  (grain. 

Passed  February  16,  1838. 

Whereas,  It  is  agreeable  to  equity  and  beneficial  to  com¬ 
merce,  that  a  people  who  live  in  the  same  community  shall 
have  one  equal  and  just,  weight  per  bushel  for  the  various 
kinds  of  grain,  according  to  a  true  and  perfect  standard  ; 

THEREFORE - 

§  1.  From  and  after  the  fourth  day  of  July  next,  the  bushel 
shall  consist  of  sixty  pounds  of  wheat,  fifty -six  pounds  of  rye 
or  Indian  corn,  fifty  pounds  of  buckwheat,  forty-eight  pounds 
of  barley,  thirty  pounds  of  oats,  fifty-five  pounds  of  flax  seed, 
and  sixty-four  pounds  of  clover  seed. 


att  ad  ta  rrgtdatr  tljr  itankrii  nf  Wrigljte  in  tjjr  Itnti 

nf  Srwrtj. 

Passed  the  19 th  of  February,  1835. 

Whereas,  It  is  agreeable  to  equity  and  beneficial  to  com¬ 
merce,  that  a  people  who  live  in  the  same  community  shall 
have  one  equal  and  just  weight,  according  to  a  true  and  per¬ 
fect  standard ;  therefore — 

§  1.  From  and  after  the  first  day  of  July  next,  it  shall  be 
lawful  and  proper  to  calculate  the  standard  of  weights,  within 
this  State,  in  the  following  manner,  to  wit :  sixteen  drachms 
one  ounce,  sixteen  ounces  one  pound,  twenty-five  pounds  one 
quarter  of  an  hundred,  four  quarters  one  hundred,  and  twenty 
hundred  one  ton,  any  usage  or  custom  to  the  contrary  thereof 
notwithstanding,  except  such  as  may  be  used  in  weight  of  coins 
and  apothecary  drugs.  v 


£ 


% 


1 55 


DISTANCES 

Along  the  line  of  the  Railroad,  from  the  Jersey  City  Ferry  land¬ 
ing,  to  the  west  side  of  Bergen  hill. 

To  Warren  street,  Jersey  City,  one'quarter  of  a  mile. 

To  Grove  street,  do.  half  a  mile. 

To  Jersey  Avenue,  do.  three  puarters  of  a  mile. 

To  Gilbert  street,  do.  near  the  Starch  Factory,  one  mile. 

To  Fair  Mount,  or  Point  of  Rocks,  Bergen  hill,  orie  mile  and  one-quarter. 

To  second  Point  of  Rocks,  or  Gilbert’s  Grapery,  one  mile  and  a-half. 

To  summit  of  Bergen  Ridge,  under  Bridge,  two  miles. 

To  junction  of  Newark  and  Paterson  Railroad,  two  miles  and  a-half. 

Across  Hudson  river  to  Courtlandt  street,  New  York,  1797  yards,  or  1  1-47 
of  a  mile,  where  a  boat  crosses  in  from  five  to  eight  minutes. 


Comparative  Table  of  Distances,  from  the  Merchants'  Ex¬ 
change,  in  the  city  of  Ne  w  York,  to  different  points  in  New  York , 
Jersey  City,  and  Brooklyn. 


From  the 

Exchange, 
it  is 

In  New  York. 

In  Jersey  City, 
not  including  River. 

In  Brooklyn, 

Not  including  River. 

£  mile  to 

Courtlandt  st.  Ferry. 

Hudson  street. 

Water  street. 

1  “ 

Canal  street. 

Grove  street. 

Nassau  street. 

H  “ 

Spring  street. 

Jersey  Avenue. 

City  Hall. 

n  “ 

Houston  street. 

Gilbert  street. 

Smith  street. 

\%  11 

Fourth  street. 

Fair  Mount. 

Bond  street. 

2  “ 

Ninth  street. 

Gilbert’s  Grapery, 

Powers  street. 

n  “ 

Nineteenth  street. 

Bergen  Bridge. 

Junction  Fulton  and 
Atlantic  streets. 

3  “ 

Twenty-ninth  street. 

Paterson  and  Newark 
junction. 

Clinton  Avenue. 

